Gauhati High Court
Abdul Matalib vs The Union Of India And 5 Ors on 5 September, 2022
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010038772018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1361/2018
ABDUL MATALIB
S/O LATE ABDUL HYE, VILL AND PO GERJAIPAM, PS KACHUA, DIST.
NAGAON, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS.
REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI
REPRESENTED BY CHIEF ELECTION COMMISSIONER
3:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS OF ASSAM
DISPUR
GUWAHATI-6
4:THE SUPERINTENDENT OF POLICE (B)
NAGAON
DIST. NAGAON
ASSAM
PIN 782001
5:THE DEPUTY COMMISSIONER
NAGAON
DIST. NAGAON
ASSAM
PIN-782001
6:THE OFFICER IN CHARGE
Page No.# 2/3
KACHUA POLICE STATION
DIST. NAGAON
ASSA
Advocate for the Petitioner : MR. I A TALUKDAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MRS. JUSTICE MITALI THAKURIA 05/09/2022 (M.R. Pathak, J) Heard Mr. I A Talukdar, learned counsel for the petitioner and Ms. H Teranpi, learned Central Government Counsel for the respondent No. 1. Also heard Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 2; Ms. L Devi, learned Standing counsel, NRC for the respondent No. 3; Mr. G Sarma, learned Standing counsel, Foreigners' Tribunal for the respondent Nos. 4 & 6 and Ms. U Das, learned Government Advocate, Assam for the respondent No. 5.
Pursuant to the order dated 14.03.2018 passed earlier in this proceeding, Registry has already received the relevant LCR from the concerned Foreigners' Tribunal and since then, i.e., 14.03.2018, the petitioner is on interim bail in connection with F.T. Case No. 25/2012, wherein the Foreigners' Tribunal 2nd, Nagaon, Assam by the impugned opinion dated 13.12.2017 declared the petitioner to be a foreigner under the Foreigners Act, 1946, who illegally entered into the territory of India (Assam) on or after 25.03.1971 from the specified territory of Bangladesh.
Matter be admitted for hearing.
Registry shall list this matter for hearing in its usual course.
Until further order of the Court, the petitioner shall not be deported from the territory of India pursuant to the impugned order dated 14.03.2018.
Page No.# 3/3 As the petitioner has been declared to be a foreigner under the Foreigners Act, 1946, noted above, he shall appear before the Superintendent of Police (Border), Nagaon on or before 20.09.2022 during the office hours between 10:00 AM to 04:30 PM along with a certified copy of this order, who shall obtain necessary information and documentation as required under the Rules from the petitioner for securing his appearance.
On such appearance of the petitioner, the concerned Superintendent of Police (Border), Nagaon shall take steps for capturing the fingerprints of both hands of the petitioner and biometrics of the iris of his both eyes.
However, it is made clear that without giving full details of the petitioner's present address and/or destination including his mobile/phone number (contact number) to 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 the SP (Border), Nagaon.
Failure on the part of the petitioner to comply with the directions as specified above, the authority concerned shall be at liberty to detain the petitioner in custody.
Registry shall inform the Superintendent of Police (Border), Nagaon, Assam about this order forthwith.
List accordingly.
JUDGE JUDGE Comparing Assistant