Gauhati High Court
Md. Nazir Ali @ Nazir Ali vs The Union Of India And 6 Ors on 13 October, 2023
Author: M.R. Pathak
Bench: Manash Ranjan Pathak, Parthivjyoti Saikia
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GAHC010072102023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2378/2023
MD. NAZIR ALI @ NAZIR ALI
S/O- LATE ABDUL ROUF @ A ROUF @ ABDUL ROB, VILL- JALUGUTI,
MOUZA- CHARAIBAHI, P.S- MIKIRBHETA, DIST- MORIGAON, ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY TO GOVT. OF INDIA, THE MINISTRY OF HOME
AFFAIRS, NEW DELHI- 110001.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR GUWAHATI-6
3:THE ELECTION COMMISSION OF INDIA
NEW DELHI-110001
4:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
ACHYUT PLAZA
G.S ROAD. BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M)
5:THE DEPUTY COMMISSIONER
MORIGAON ASSAM
6:THE SUPERINTENDENT OF POLICE (B)
MORIGAON ASSAM
7:THE O/C MIKIRBHETA POLICE STATION
MORIGAON, ASSAM
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Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 13.10.2023 (M.R. Pathak, J) Heard Mr. J. Ahmed, learned counsel for the petitioner and Ms. L. Devi, learned Central Government Counsel as well as Standing counsel, NRC for the respondent Nos. 1 & 4. Also heard Mr. G. Sarma, learned Standing Counsel, Home Department of the State for the respondent Nos. 2, 6 & 7; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 3 and Mr. R. Talukdar, learned Additional Senior Government Advocate, Assam for the respondent No. 5.
2. Being referred by the Superintendent of Police (Border), Morigaon in F.T. Case No. F.T.(C) 12/2015 arising out of Reference IMDT Case No. 300/1999 dated 26.11.1999, the learned Member, Foreigners' Tribunal No. 3, Morigaon by the common reference/opinion dated 25.11.2022 opined that the petitioner, namely, Md. Nazir Ali @ Nazir Ali to be a foreigner under the Foreigners Act, 1946, who illegally entered Assam after 25.03.1971.
3. Being aggrieved with the impugned opinion, the petitioner has preferred this petition on 28.03.2023.
4. However, the petitioner did not state as to whether after the impugned opinion dated 25.11.2022, he has been taken in to custody and lodged in detention camp or Page No.# 3/4 not.
5. Issue Rule, returnable by 8 (eight) weeks.
6. As Ms. Devi, learned CGC as well as Standing counsel, NRC; Mr. G. Sarma, learned Standing Counsel, Home Department of the State; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India and Mr. R. Talukdar, learned Government Advocate, Assam have accepted the notices on behalf of the respondent Nos. 1 & 4; 2, 6 & 7; 3; and 5, respectively, no formal notice need to be issued to those respondents.
7. Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Ms. Devi, learned CGC as well as Standing counsel, NRC; Mr. Sarma, learned Standing Counsel, Home Department; Mr. Ali, learned Standing Counsel, Election Commission of India and Mr. Talukdar, learned Government Advocate, Assam on or before 15.10.2023, obtaining necessary acknowledgment from them in that regard.
8. Office to requisition the record of F.T Case No. FT (C)12/15 arising out of IMDT Case No. 300/99 from the office of the learned Member, Foreigners' Tribunal No. 3, Morigaon.
9. 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. 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. As an interim measure, the petitioner, namely, Md. Nazir Ali @ Nazir Ali, if has Page No.# 4/4 not already been arrested, 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), Morigaon on or before 30.10.2023 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 SP (Border), Morigaon, 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), Morigaon 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, whereafter, 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), Morigaon and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP (Border), Morigaon.
14. This order be brought to the notice of the Registrar (Judicial).
15. List accordingly along with WP(C) No. 2376/2023.
JUDGE JUDGE Comparing Assistant