Gauhati High Court
Subhash @ Subash @ Subhas Mondal And 2 Ors vs The Union Of India And 7 Ors on 4 December, 2019
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Soumitra Saikia
Page No.# 1/3
GAHC010185442019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 5918/2019
1:SUBHASH @ SUBASH @ SUBHAS MONDAL AND 2 ORS.
S/O. LT. KUNJA MONDAL @ KUNJA LAL @ KUNJALAL @ JUNJAR
MONDAL, VILL. MALPUTA RAINA PATHAR, P.S. MORIGAON, DIST.
MORIGAON, ASSAM, PIN-782105.
2: SMT. KUCHULA @ KOUSHALYA BISWAS @ MONDAL
W/O. SRI SUBHASH @ SUBASH @ SUBHAS MONDAL
VILL. MALPUTA RAINA PATHAR
P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN-782105.
3: BISHNU MANDAL
S/O. SUBHASH @ SUBASH @ SUBHAS MONDAL
VILL. MALPUTA RAINA PATHAR
P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN-782105
VERSUS
1: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 DEPTT.
DISPUR
GUWAHATI-781006.
3:THE ELECTION COMMISSION OF INDIA
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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.
5:THE FOREIGNERS TRIBUNAL NO.3RD
MORIGAON
P.O. AND P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN-782105.
6:THE DY. COMMISSIONER
MORIGAON
P.O. AND P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN-782105.
7:THE SUPDT. OF POLICE (B)
MORIGAON
P.O. AND P.S. MORIGAON
DIST. MORIGAON
ASSAM
PIN-782105.
8:THE OFFICER IN CHARGE
MORIGAON POLICE STATION
P.O. MORIGAON
DIST. MORIGAON
ASSAM
PIN-782105
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
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:: BEFORE ::
HON'BLE MR. JUSTICE MANOJIT BHUYAN
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
O R D E R
04.12.2019 (Manojit Bhuyan, J) Heard Ms. D. Ghosh, learned counsel for the petitioners as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Also heard Mr. J. Payeng, learned counsel for respondent nos.2, 5, 6, 7 and 8; Ms. B. Das, learned counsel for respondent no.3 and Ms. S. Khanikar, learned counsel for respondent no.4.
List for Motion again on 27.01.2020, as we propose to examine the case records at the first instance.
Office to requisition the case records in respect of (1) Case No.F.T. 12/2015 and (2) Case No.F.T(C) 130/2016 from the office of the Foreigners' Tribunal No.3rd, Morigaon, Assam.
A copy of this order requisitioning the case records and the Forwarding Letter by which the case records are sent to this Court be made part of the record file of the Tribunal.
As an interim measure, the petitioners, namely (1) Sri Subhash @ Subash @ Subhas Mondal, (2) Smti. Kuchula @ Koushalya Biswas @ Mondal and (3) Sri Bishnu @ Vishnu Mondal shall not be taken into custody and deported from the territory of India, subject to the condition that they shall appear before the Superintendent of Police (Border), Morigaon, within 15 (fifteen) days from today and furnish a bail bond of `5,000/- each with one local surety each of the like amount to the satisfaction of the said authority. A direction is also made to the Superintendent of Police (Border), Morigaon that as and when the petitioners appear within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and photographs of the petitioners shall be obtained, whereafter they shall be allowed to remain on bail.
This order be brought to the notice of the Registrar (Judicial).
JUDGE JUDGE Comparing Assistant