Gauhati High Court
Taiyab Ali @ Taiyab Ali Khan vs The Union Of India And 6 Ors on 2 March, 2021
Bench: N. Kotiswar Singh, Soumitra Saikia
Page No.# 1/3
GAHC010280922019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8547/2019
TAIYAB ALI @ TAIYAB ALI KHAN
S/O- LT HUSSAIN ALI @ HUSSAIN ALI KHAN, R/O- VILL- PACHIM
DABLONG, P.S. LANKA, P.O. LASKAR PATHAR, DIST- HOJAI, ASSAM, PIN-
782435
VERSUS
THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, DEPTT. OF HOME, NEW
DELHI-1
2:THE STATE OF ASSAM
REP. BY THE SECY. TO THE GOVT. OF ASSAM
DEPTT. OF HOME
DISPUR
GHY-6
3:THE DY. COMMISSIONER
HOJAI
PIN- 782435
4:THE SUPERINTENDENT OF POLICE (B)
HOJAI
PIN- 782435
5:THE ELECTION COMMISSION
GOVT. OF INDIA
NEW DELHI-1
6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC)
ASSAM
GHY-32
Page No.# 2/3
7:THE FOREIGNERS TRIBUNAL
NAGAON COURT NO 7 AT LANKA
HOJAI
REP. BY THE STANDING COUNSEL OF THE TRIBUNAL
PIN- 78243
Advocate for the Petitioner : MS. M R DEVI
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
:: O R D E R ::
02.03.2021 [N. Kotiswar Singh, J] Heard Ms. M. R. Devi, learned counsel for the petitioner.
Issue notice, returnable within 4 (four) weeks.
Mr. H. Gupta, learned Central Government Counsel, accepts notice on behalf of respondent No. 1. Mr. A. Kalita, learned Special Counsel, FT accepts notice on behalf of respondent Nos.2-4 and 7. Ms. N. Upadhyay, learned Standing Counsel, ECI accepts notice on behalf of respondent No. 5 and Mr. K. K. Parashar, learned counsel accepts notice on behalf of respondent No. 6.
As the respondents are duly represented, no formal steps need be taken in respect of them. However, the petitioner shall serve extra copies to the learned counsel for the respondents.
Registry to requisition the case records in respect of F.T/L/Case No. 489/2016 arising out of SP's Case No. 157/2016 from the Foreigners' Tribunal, Nagaon Court No.7 th at Lanka, Hojai.
Learned counsel for the petitioner submits that the petitioner has not yet been Page No.# 3/3 detained on the strength of the judgment and order dated 12.07.2019 passed by the learned Member, Foreigners' Tribunal, Nagaon Court No.7th at Lanka, Hojai.
If that is so, in the meantime, the petitioner if not already arrested, may not be arrested and deported from India. We also direct the petitioner to appear before the Superintendent of Police (Border), Hojai 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 Rs.5000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority whereafter he 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.
However, the petitioner shall not leave the jurisdiction of Hojai District without giving details of the place of destination and his place of stay to the Superintendent of Police (Border), Hojai.
JUDGE JUDGE Comparing Assistant