Gauhati High Court
Hatem Ali @ Hatem Ali Sk vs The Union Of India And 5 Ors on 27 January, 2025
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
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GAHC010121692018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3729/2018
HATEM ALI @ HATEM ALI SK.
S/O LT. KURBAN ALI @ KURPAN ALI SK.
VILL- MATRAGHOLA,
P.S. ABHAYAPURI,
DIST. BONGAIGAON,
ASSAM, PIN - 783384.
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE MINISTRY OF HOME AFFAIRS,
NEW DELHI- 110001.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI - 781006.
3:THE DEPUTY COMMISSIONER
BONGAIGAON
DIST. BONGAIGAON
PIN - 783381.
4:THE SUPERINTENDENT OF POLICE (B)
BONGAIGAON
ASSAM
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PIN - 783381.
5:THE ELECTION COMMISSION OF INDIA
NEW DELHI- 110001.
6:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
BANGAGARH
GUWAHATI- 781032
Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A M AHMED,MR H AHMED
Advocate for the Respondent : ASSTT.S.G.I.R1, SC, F.T R1,3,4,MR J PAYENG,SC, NRC R6,MS. A
VERMA,SC, ECI R5,MR. D BARUAH
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 27.01.2025 (M.R. Pathak, J) Heard Mr. A.M. Ahmed, learned counsel for the petitioner.
2. Notice in this case was issued on 13.06.2018.
3. Registry has also received the relevant records from the concerned Foreigners Tribunal that was called for by the order dated 13.06.2018.
4. Issue Rule.
5. As Ms. A Verma, learned Standing Counsel appears for the Home Department of Government of Assam, respondent Nos. 2 and 4, Mr. P. Sharma, learned Additional Senior Government Advocate appears for the respondent No. Page No.# 3/4 3, Mr. H. Kuli, learned counsel on behalf of Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India, appears for the respondent No. 5 and Mr. G. Sarma, learned Standing Counsel, NRC appears for the respondent No. 6, no formal notice need to be issued.
6. The petitioner is on interim protection and on interim bail.
7. As by the impugned opinion/order dated 25.01.2018, the learned Foreigners' Tribunal, Bongaigaon No. 2 at Abhayapuri in Case No. BNGN/FT- 2/APR/503/2016 (Ref: BNGN IMDT Case No. 490/04) opined the petitioner to be a foreigner under the Foreigners Act, 1946 of post 25.03.1971 stream, the petitioner Hatem Ali @ Hatem Ali Sk shall appear before the Superintendent of Police (Border), Bongaigaon on or before 14.02.2025 during the office hours along with a certified copy of this order.
8. On his appearance before the Superintendent of Police (Border), Bongaigaon as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing his presence.
9. Further, the Superintendent of Police (Border), Bongaigaon 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 photograph of the petitioner shall be obtained, where after, he shall be allowed to remain on bail.
10. It is made clear that without giving full details of the petitioner's present address and/or destination before the Superintendent of Police (Border), Page No.# 4/4 Bongaigaon and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of the said Superintendent of Police (Border), Bongaigaon.
11. Subject to the compliance of the above directions, the interim protection and bail granted earlier on 13.06.2018 shall remain in force.
12. Failure on the part of the petitioner to comply with the aforesaid directions, the bail granted to him shall stand automatically vacated and he shall be liable to be taken back into custody.
13. Registry shall list this matter for hearing at the earliest on a date to be fixed by the Registry JUDGE JUDGE Comparing Assistant