Gauhati High Court
Md Abdul Khaleque @ Abdul Khalek vs The Union Of India And 6 Ors on 6 September, 2021
Bench: N. Kotiswar Singh, Manish Choudhury
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GAHC010131682021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4306/2021
MD ABDUL KHALEQUE @ ABDUL KHALEK
S/O- LT. SONA ULLAH, VILL- NOONMATI, P.O. GHILAZARI, P.S. HOWLY,
DIST.- BARPETA, ASSAM, PIN- 781316
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, SHASTRI BHAWAN, TRILOKMARG, NEW DELHI-1
2:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER
NEW DELHI- 110001
3:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
4:THE SUPERINTENDENT OF POLICE (B)
BARPETA
P.O. AND DIST.- BARPETA
ASSAM
PIN- 781308
5:THE DY. COMMISSIONER OF BARPETA
P.O. AND DIST.- BARPETA
ASSAM
PIN- 781308
6:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS
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BHANGAGARH
GHY
ASSAM
PIN- 781004
7:THE ELECTORAL REGISTRATION OFFICER
43 NO. BARPETA LAC
P.O. AND DIST.- BARPETA
ASSAM
PIN- 78130
Advocate for the Petitioner : MR. N UDDIN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE MANISH CHOUDHURY
ORDER
06.09.2021 [N. Kotiswar Singh, J.] Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned CGC appearing for respondent No.1; Ms. A. Verma, learned special counsel, FT, appearing for respondent Nos.3, 4 and 5; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent Nos.2 and 7 and Ms. L. Devi, learned standing counsel, NRC, appearing for respondent No.6.
Issue notice, returnable within 4(four) weeks.
No formal steps are called for in respect of respondents, as they are duly represented. However, extra copies of the petition be furnished to the learned counsel appearing for the respondents.
Page No.# 3/3 Meanwhile, Registry will call for the records of F.T. Case No.325/2016 from the Foreigners' Tribunal No.10th, Barpeta, Assam.
Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the order dated 15.05.2019 passed in F.T. Case No.325/2016 passed by the learned Member, Foreigners' Tribunal No.10 th, Barpeta, Assam.
In that view of the matter, in the meantime, the petitioner, if not already arrested, may not be arrested and deported from India. However, the petitioner shall appear before the Superintendent of Police (Border), Barpeta within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing his presence. On such appearance, the petitioner shall furnish a bail bond of ` 5,000/- (Rupees five thousand) 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 (Border) shall also take steps for capturing the fingerprints and biometrics of the iris of the petitioner, if so advised. The petitioner also shall not leave the jurisdiction of Barpeta district without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police (Border), Barpeta.
Sd/- Manish Choudhury Sd/- N. Kotiswar Singh
JUDGE JUDGE
Comparing Assistant