Gauhati High Court
Naren Das @ Niren Das vs The Union Of India And 5 Ors on 13 October, 2023
Author: M.R. Pathak
Bench: Manash Ranjan Pathak, Parthivjyoti Saikia
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GAHC010027712023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1484/2023
NAREN DAS @ NIREN DAS
S/O NARENDRA DAS, R/O VILL-TENGABARI, P.S.-DUDHNOI, DIST-
GOALPARA, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110006
2:STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6
3:ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI-110001
4:STATE COORDINATOR OF NATIONAL REGISTRAR OF CITIZENSHIP (NRC)
ASSAM
BHANGAGARH
G.S. ROAD
GUWAHATI-3
5:THE DEPUTY COMMISSIONER
DIST-GOALPARA
ASSAM
6:THE SUPERINTENDENT OF POLICE (B)
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DIST-GOALPARA, ASSAM
Advocate for the Petitioner : MR. D K BAGCHI
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. D.K. Bagchi. 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; 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), Goalpara in Ref. F.T. Case No. 123/2012 dated 21.03.2013, learned Member, Foreigners' Tribunal No. 4, Goalpara in F.T. (G-4) 1116/19, after hearing the petitioner and others, considering the evidence adduced by him, the said Tribunal by the impugned opinion dated 31.10.2022 declared the petitioner, namely, Naren Das @ Niren Das 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 08.02.2023.
4. However, the petitioner did not state as to whether after the impugned opinion Page No.# 3/4 dated 31.10.2022, he has been taken in to custody and lodged in detention camp or 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; 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 (G-4)1116/19 arising out of Ref. FT Case No. 124/2012 from the office of the learned Member, Foreigners' Tribunal No. 4, Goalpara.
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.
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10. As an interim measure, the petitioner, namely, Naren Das @ Niren Das, if has 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), Goalpara 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), Goalpara, 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), Goalpara 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), Goalpara and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP (Border), Goalpara.
14. This order be brought to the notice of the Registrar (Judicial).
15. List accordingly.
JUDGE JUDGE Comparing Assistant