Gauhati High Court
Musstt. Afia Begum vs The Union Of India And 5 Ors on 17 October, 2023
Author: M.R. Pathak
Bench: Manash Ranjan Pathak, Parthivjyoti Saikia
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GAHC010078342023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2113/2023
MUSSTT. AFIA BEGUM
W/O MD. MAINUL ISLAM, D/O NASER ALI, R/O SIALMARI VILLAGE
UNDER QUTAIYANI REVENUE VILLAGE, P.S.-NAGAON SADAR, DIST-
NAGAON (ASSAM), PIN-782001
VERSUS
THE UNION OF INDIA AND 5 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
DEPARTMENT OF HOME AFFAIRS, NEW DELHI
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY
HOME AND POLITICAL (B) DEPARTMENT
DISPUR-781006
3:THE FOREIGNERS TRIBUNAL 1ST NAGAON
NAGAON ASSAM
PIN-782001
4:THE SUPERINTENDENT OF POLICE (B)
NAGAON ASSAM
PIN-782001
5:THE DEPUTY COMMISSIONER
NAGAON ASSAM
PIN-782001
6:THE OFFICER-IN-CHARGE
P.S.-NAGAON (SADAR)
DIST-NAGAON
ASSAM
PIN-78200
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Advocate for the Petitioner : MS M D MEDHI
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 17.10.2023 (M.R. Pathak, J) Heard Ms. M.D. Medhi, learned counsel for the petitioner and Ms. L. Devi, learned Central Government Counsel as well as Standing counsel, NRC for the respondent No. 1. Also heard Mr. G. Sarma, learned Standing Counsel, Home Department of the State for the respondent Nos. 2, 3, 4 & 6 and Mr. P. Sharma, learned Government Advocate, Assam for the respondent No. 5.
2. On being referred by the Superintendent of Police (Border), Nagaon in F.T. Case No. 3279/2011 arising out of Reference S.P.(B) IMDT C/No. 17/2001 dated 30.01.2001, the learned Member, Foreigners' Tribunal No. 1st, Nagaon by the reference/opinion dated 25.10.2021 opined that the petitioner, namely, Musstt. Afia Begum to be a foreigner under the Foreigners Act, 1946, who illegally entered Assam after 25.03.1971 without any valid document.
3. Being aggrieved with the impugned opinion dated 25.10.2021, the petitioner has preferred this petition on 11.04.2023.
4. Pursuant to the order dated 26.04.2023 passed earlier by this court, the petitioner has placed a copy of the certificate issued by the Circle Officer, Rupahi Revenue Circle, Juria, Nagaon, Assam vide R.C. (J) No. 80/2023 dated 14.07.2023/19.07.2023 stating that Naser Ali son of Marid whose name figured in the Page No.# 3/4 voter list of 1965 at Sl. No. 128 of village Saidaria had land at village Kanchanpur under K.P. Patta No. 42 and that both the villages Saidaria and Kanchanpur of district Nagaon are under Rupahi Revenue Circle certifying further that the said certificate has been issued on the basis of the report of the concerned Lat Mandal.
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 and Mr. P. Sharma, learned Government Advocate, Assam have accepted the notices on behalf of the respondent Nos. 1; 2, 3, 4 & 6 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 and Mr. Sharma, learned Government Advocate, Assam on or before 19.10.2023, obtaining necessary acknowledgment from them in that regard.
8. Office to requisition the record of F.T Case 3279/2011 arising out of Reference S.P.(B) IMDT C/No. 17/2001 from the office of the learned Member, Foreigners' Tribunal No. 1, Nagaon.
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.
10. 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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11. As an interim measure, the petitioner, namely, Musstt Afia Begum, if has not already been arrested, shall not be taken into custody and deported from the territory of India, subject to the condition that she shall appear before the Superintendent of Police (Border), Nagaon on or before 01.11.2023 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.
12. On her appearance before the SP (Border), Nagaon, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing her presence.
13. Further, the Superintendent of Police (Border), Nagaon 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, she shall be allowed to remain on bail.
14. It is made clear that without giving full details of the petitioner's present address and/or destination before the Superintendent of Police (Border), Nagaon and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP (Border), Nagaon.
15. This order be brought to the notice of the Registrar (Judicial).
16. List accordingly.
JUDGE JUDGE Comparing Assistant