Gauhati High Court
Kad Bhanu Begum @ Kadvanu Begum @ ... vs The Union Of India And 7 Ors on 20 May, 2022
Author: Soumitra Saikia
Bench: Soumitra Saikia
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GAHC010091372022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3217/2022
KAD BHANU BEGUM @ KADVANU BEGUM @ KODBHANU BEGUM
D/O- HUSSAIN ALI @ HUSEN ALI SHEIKH @ HOSEN ALI AND JARINA
KHATUN @ JORINA BEWA, W/O- ANOWAR @ ANUWAR @ ANOWAR
HUSSAIN, VILL.- NATHURBARI, SIDLI (ST) 31 LAC, P.S. BASUGAON, DIST.
CHIRANG, BTAD, ASSAM-783394.
VERSUS
THE UNION OF INDIA AND 7 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NEW DELHI-110001.
2:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
NEW DELHI-110001.
3:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-781006.
4:THE STATE COORDINATOR
NATIONAL REGISTRAR OF CITIZENS
ASSAM
BHANGAGARH
GUWAHATI-781004.
5:THE DEPUTY COMMISSIONER OF POLICE
BARPETA
ASSAM-781301.
6:THE SUPERINTENDENT OF POLICE (B)
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BARPETA
ASSAM-781301.
7:THE DEPUTY COMMISSIONER OF POLICE
CHIRANG
ASSAM-783385.
8:THE SUPERINTENDENT OF POLICE (B)
CHIRANG
ASSAM-783385
Advocate for the Petitioner : MR SARFRAZ NAWAZ
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
:: O R D E R ::
20.05.2022 [N. Kotiswar Singh, CJ(Acting)] Heard Mr. S. Gopujkar, learned counsel for the petitioner.
Issue notice, returnable within 4(four) weeks.
Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned ASGI accepts notice on behalf of respondent No.1; Ms. Devi also accepts notice on behalf respondent No.4 as the learned Standing Counsel, NRC; Mr. A. Bhuyan, learned Standing Counsel, ECI accepts notice on behalf of respondent No.2; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal accepts notice on behalf of respondent Nos.3, 6 & 8 and Ms. U. Das, learned Additional Senior Government Advocate, Assam accepts notice on behalf of respondent Nos.5 & 7.
As the respondents are duly represented, no formal steps need to be taken in respect of them. However, the petitioner shall serve extra copies to the learned counsel for the respondents.
Page No.# 3/3 Registry to requisition the case records in respect of Case No. (Bpt/11 th) F.T. 2263/2017 [P.E. No.IM(D)T Case No.4243/B/98] from the learned Foreigners Tribunal, Barpeta 11th, Sorbogh, Assam.
In the meantime, if the petitioner has not yet been detained on the strength of the order dated 30.01.2020 passed by the learned Member, Foreigners Tribunal, Barpeta 11 th, Sorbhog, Assam in Case No.(Bpt/11th) F.T.2263/2017 [P.E. No.IM(D)T Case No.4243/B/98], the petitioner shall not be taken into custody and deported from India.
However, we direct the petitioner to appear before the Superintendent of Police (Border), Barpeta within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing her presence. On such appearance, the petitioner shall furnish a bail bond of Rs.5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority whereafter the petitioner shall be allowed to remain on bail. The concerned Superintendent of Police (Border) shall also take steps for capturing the finger prints and biometrics of the iris of the petitioner, if so advised.
The petitioner shall not leave the jurisdiction of Barpeta District without giving details of the place of destination and her place of stay to the Superintendent of Police (Border), Barpeta.
List the matter after receipt of case records.
JUDGE CHIEF JUSTICE (ACTING) Comparing Assistant