Gauhati High Court
Uttam Ghosh vs The Union Of India And 7 Ors on 7 January, 2022
Bench: N. Kotiswar Singh, Malasri Nandi
Page No.# 1/4
GAHC010226772021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/93/2022
UTTAM GHOSH
S/O- PROMOD CH. GHOSH,
R/O- VILLAGE-BHASKARNAGAR,
VIVEKANANDA PURAM PATH, HOUSE NO. A-25,
POLICE STATION- FATASHIL AMBARI,
DIST- KAMRUP (M), ASSAM, PIN-781018
VERSUS
THE UNION OF INDIA AND 7 ORS
REP. BY THE SECRETARY , MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
SHASTRI BHAWAN,
NEW DELHI-110001
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR, GUWAHATI-06
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI-110001
4:THE STATE COORDINATOR
NATIONAL REGISTRATION OF CITIZENS
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S ROAD
BHANGAGARH
GUWAHATI, ASSAM
PIN-781005
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5:THE FOREIGNERS TRIBUNAL
NO.3
KAMRUP (M)
GUWAHATI
DIST- KAMRUP (M)
ASSAM, PIN-781007
6:THE DEPUTY COMMISSIONER
KAMRUP (M)
P.O- PANBAZAR
DIST- KAMRUP (M)
ASSAM, PIN-781001
7:THE DEPUTY COMMISSIONER
OF POLICE (B)
GUWAHATI CITY
P.O- PANBAZAR
DIST- KAMRUP (M)
ASSAM, PIN-781001
8:THE OFFICER IN CHARGE
OF FATASHIL AMBARI POLICE STATION
P.O- FATASHIL AMBARI
DIST- KAMRUP (M)
ASSAM
PIN-78101
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MRS. JUSTICE MALASRI NANDI
ORDER
07.01.2022 [N. Kotiswar Singh, J.] Heard Ms. H. Betala, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Assistant Solicitor General of Page No.# 3/4 India, for respondent No.1 as well as appearing as standing counsel, NRC, for respondent No.4; Ms. A. Verma, learned special counsel, FT, appearing for respondent Nos.2, 5 and 8; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No.3 and Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for respondent Nos.6 and 7.
Issue notice, returnable within 4(four) weeks.
No formal steps are called for in respect of respondents, as they are duly represented. However, extra copies of the petition be furnished to the learned counsel appearing for the respondents Meanwhile, Registry will call for the records of F.T. Case No.02/2019 from the Foreigners' Tribunal, Kamrup(M) 3rd, Guwahati-3, Assam.
Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the order dated 07.07.2021 passed in F.T. Case No.02/2019 passed by the learned Member, Foreigners' Tribunal, Kamrup(M) 3 rd, Guwahati-3, Assam.
In that view of the matter, in the meantime, the petitioner, if not already arrested, may not be arrested and deported from India. However, the petitioner shall appear before the Deputy Commissioner of Police (Border), city Guwahati within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing his presence. On such appearance, the petitioner shall furnish a bail bond of ` 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 Deputy Commissioner of Police (Border) shall also take steps for capturing the fingerprints and biometrics of the iris of the petitioner, if so advised. The petitioner also shall Page No.# 4/4 not leave the jurisdiction of Kamrup(M) district without furnishing the details of the place of destination and necessary information including contact number to the Deputy Commissioner of Police (Border), city Guwahati.
Sd/- Malasri Nandi Sd/- N. Kotiswar Singh
JUDGE JUDGE
Comparing Assistant