Gauhati High Court
Ramesh Ch. Debnath vs The Union Of India And 6 Ors on 1 February, 2019
Bench: Achintya Malla Bujor Barua, Ajit Borthakur
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GAHC010008292019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 426/2019
1:RAMESH CH. DEBNATH
S/O LT. BIPIN CH. DEBNATH
VILL- NO. SINGRIMARI BAGICHIA
P.S. KALAIGAON,
DIST. UDALGURI (BTAD), ASSAM
VERSUS
1:THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA,
DEPARTMENT OF HOME, NEW DELHI, PIN - 110011.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI
PIN - 781006.
3:THE DEPUTY COMMISSIONER
DIST. UDALGURI (BTAD)
ASSAM
PIN - 784509.
4:THE SUPERINTENDENT OF POLICE (B)
UDALGURI (BTAD)
DIST. UDALGURI ( BTAD)
ASSAM
PIN - 784509.
5:THE FOREIGNERS REGIONAL RESISTING OFFICE (FRRO)
DIST. UDALGURI (BTAD)
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ASSAM
PIN - 74509.
6:THE ELECTION COMMISSIONER OF INDIA
REP. BY THE SECRETARY OF THE COMMISSION OF H.Q. NEW DELHI
PIN- 01.
7:THE STATE CO-ORDINATOR NRC
ACHYUT PLAZA
BHANGAGARH
DIST. KAMRUP (M)
GUWAHATI - 781005
ASSAM
Advocate for the Petitioner : MR. A R MEDHI
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 01-02-2019 AM Bujor Barua, J Heard Mr. AR Medhi, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. A Kalita, learned counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.
Issue notice, returnable by six weeks.
Extra copies of the writ petition be served on the learned counsel for the respondents as indicated hereinabove within 3(three) days.
Call for the records of FT (2) Case No.388/2007 from the Foreigners Tribunal No.2, Darrang Mangaldai and also of IMD(T) Case No.413/1990 from the Illegal Migrants (Determination) Tribunal, Darrang at Mangaldai.
Page No.# 3/3 As the Illegal Migrants (Determination) Tribunal of Darrang is not in existence at present, the respondent authorities shall enquire as to where records of Illegal Migrants (Determination) Tribunal is located and accordingly the records be produced.
In the meantime, the petitioner shall not be arrested nor be deported.
The petitioner shall submit a security bond before the Superintendent of Police (Border), Udalguri from two prominent persons from his village or from a Government Official ensuring continuous presence of the petitioner as and when required by the authorities to the satisfaction of the Superintendent of Police (Border), Udalguri.
List after six weeks.
JUDGE JUDGE Comparing Assistant