Gauhati High Court
Md. Barhan Ali vs The Union Of India And 5 Ors on 18 October, 2023
Author: M.R. Pathak
Bench: Manash Ranjan Pathak, Parthivjyoti Saikia
Page No.# 1/4
GAHC010097222023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2560/2023
MD. BARHAN ALI
S/O- IBRAHIM SK @ IBRAHIM ALI,
R/O- VILLAGE- LAUTHARI,
P.S.- MUKALMUA,
DISTRICT- NALBARI, ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS
THROUGH-
THE SECRETARY,
TO THE GOVERNMENT OF INDIA,
THE MINISTRY OF HOME AFFAIRS,
GRIHA MANTRALAYA, NEW DELHI.
2:THE STATE OF ASSAM
THROUGH-
THE SECRETARY
TO THE GOVERNMENT OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA
NIRVACHAN SADAN ASHOKA ROAD
NEW DELHI- 110001.
4:THE STATE CO-ORDINATOR
Page No.# 2/4
NATIONAL REGISTRATION OF CITIZEN
ASSAM
BHANGAGARH
GUWAHATI- 781005.
5:THE DEPUTY COMMISSIONER
NALBARI
P.O.- NALBARI
DISTRICT- NALBARI
ASSAM
PIN- 781335.
6:THE SUPERINTENDENT OF POLICE (BORDER)
NALBARI
P.O.- NALBARI
DISTRICT- NALBARI
ASSAM
PIN- 781335
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
18-10-2023 (M.R. Pathak, J) Heard Mr. B. Chowdhury, learned counsel for the petitioner and Ms. L. Devi, learned Central Government Counsel and Standing Counsel, NRC for the respondent Nos. 1 and 4. Also heard Mr. J. Payeng, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 and 6; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 3 as well as Mr. P Sarma, learned Additional Senior Government Advocate, Assam for the respondent No.
5.
2) On being referred by the Superintendent of Police (Border), Nalbari vide Memo Page No.# 3/4 No.PNB/B/6/2003/4309 dated 15.07.2003, the learned Member, Foreigners' Tribunal No.2, Nalbari in F.T. (Nal-2) Case No. 09/19 [IM(D)T Case No.716/2003], by the impugned opinion/final order dated 27.07.2022 declared the petitioner to be a foreigner of post 25.03.1971 stream, who had illegally entered into the territory of India (Assam) on or after 25.03.1971.
3) Being aggrieved, the petitioner has filed this writ petition on 08.05.2023.
4) Issue Rule, returnable by 8 (eight) weeks. 5) As Ms. L. Devi, learned Central Government Counsel and Standing Counsel, NRC for the
respondent Nos. 1 and 4. Also heard Mr. J. Payeng, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 and 6; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 3 as well as Mr. P Sarma, learned Additional Senior Government Advocate, Assam for the respondent No. 5have accepted notice on behalf of the respondent Nos. 1 and 4; 2 and 6; 3 and 5 respectively, no formal notice need to be issued to those respondents.
6) Petitioner shall serve requisite extra copies of this writ petition along with the Annexures appended thereto to Ms. L. Devi, learned Central Government Counsel and Standing Counsel, NRC; Mr. J. Payeng, learned Standing Counsel, Home Department, Assam; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel, Election Commission of India as well as to Mr. P Sarma, learned Additional Senior Government Advocate, Assam by tomorrow, obtaining necessary acknowledgments from them in that regard.
7) Office to requisition the record of F.T. (Nal-2) Case No. 09/19 [IM(D)T Case No.716/2003] from the office of the learned Member, Foreigners' Tribunal No.2, Nalbari.
8) Registry shall list this matter for Motion immediately on receipt of the record from the concerned Tribunal, as we propose to examine the same at the first instance.
9) A Copy of this order requisitioning the case record and the forwarding letter by which the case record is sent to this Court be made part of the record file of the Tribunal.
10) In the interim, the petitioner, namely, Md. Barhan Ali, if has not already detained in Page No.# 4/4 custody, shall not be taken into custody and deported from the territory of India, subject to the condition that he shall appear before the Superintendent of Police (Border), Nalbari on or before 02.11.2023 during the office hours and shall furnish a bail bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the said authority.
11) On his appearance before the Superintendent of Police (Border), Nalbari, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing his presence.
12) Further, the Superintendent of Police (Border), Nalbari is directed that on appearance of the petitioner within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner shall be obtained, where after, he shall be allowed to remain on bail.
13) It is made clear that without giving full details of the petitioner's present address and/or destination before the Superintendent of Police (Border), Nalbari and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP (Border), Nalbari.
14) Failure on the part of the petitioner to comply with the aforesaid directions, the bail granted to him shall stand automatically vacated and he shall be liable to be taken back into custody.
15) This order be brought to the notice of the Registrar (Judicial).
16) List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE Comparing Assistant