Gauhati High Court
Aziz Miya @ Md. Aziz Mia vs The Union Of India And 5 Ors on 9 May, 2023
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
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GAHC010090762023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2370/2023
AZIZ MIYA @ MD. AZIZ MIA
S/O- LATE SONARUDDIN MIYA,
VILL- KACHARIPARA,
P.S.- BARPETA, DIST- BARPETA,
ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
AFFAIRS,
GOVT. OF INDIA, SHASTRI BHAWAN,
TILOK MARG, NEW DELHI-1.
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
DEPARTMENT OF HOME
DISPUR
GUWAHATI-6.
3:THE ELECTION COMMISSIONER OF INDIA
THROUGH ITS SECRETARY
NIRBACHAN SADAN
NEW DELHI-1.
4:THE STATE CO-ORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM
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BHANGAGARH
GUWAHATI-5.
5:THE DEPUTY COMMISSIONER OF KAMRUP(M)
DISTRICT- KAMRUP(M)
ASSAM.
6:THE SUPERINTENDENT OF POLICE(B)
CITY
GUWAHATI
DIST- KAMRUP(M)
ASSAM
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 09.05.2023 (AM Bujor Barua, J) Heard Mr. R Ali, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India and NRC respectively, Ms. A Verma, learned counsel for the respondents no. 2 and 6 being the authorities under the Home Department of the Government of Assam, Mr. T Pegu, learned counsel for the respondent no. 3 being the authorities under the Election Commission of India and Ms. U Das, learned counsel for the respondent no. 5 being the Deputy Commissioner, Kamrup (M).
Issue notice, returnable on 17.06.2023.
Extra copies of the writ petition be served on the learned counsel for the Page No.# 3/4 respondents as indicated hereinabove within three days.
Registry to call for the records of F.T. Case No. 165/2015 (Ref: IM(D)T Case No. 239/2001) from the Foreigners' Tribunal No.2, Kamrup (M).
In the meantime, if the petitioner has not been detained on the strength of the opinion dated 20.03.2023 passed by the Foreigners' Tribunal No.2, Kamrup (M) in F.T. Case No. 165/2015 (Ref: IM(D)T Case No. 239/2001), the petitioner shall not be taken into custody and deported from India.
However, we direct the petitioner to appear before the Superintendent of Police (B) Kamrup(M) within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the Rules from the petitioner for securing his/her presence. On such appearance, the petitioner shall furnish bail bond of Rs.5,000/- 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 (B), Kamrup(M) shall also take steps for capturing the fingerprints of both hands and biometrics of the iris of the petitioner.
It is made clear that the petitioner shall not leave the jurisdiction of Kamrup(M) district without giving details of the place of destination and his/her place of stay to the Superintendent of Police (B) Kamrup(M) including relevant contact/mobile number.
It is further made clear that failure on the part of the petitioner to provide the relevant mobile/contact number will warrant recalling of this bail order.
The petitioner refers to the voters' list of 1966 of village Kacharipara containing the name of Sonaruddin Miya, S/O Osman and also referred to the jamabandi which contains the information that the name of Aziz Miya had been Page No.# 4/4 mutated in place of Sonaruddin Miya in respect of a plot of land in village Kacharipara.
List on 17.06.2023.
JUDGE JUDGE Comparing Assistant