Calcutta High Court (Appellete Side)
Mohammad Rahid Muslaman @ Md vs Unknown on 2 July, 2024
Author: Arijit Banerjee
Bench: Arijit Banerjee
2. 02-07-2024 (ct. no.28) debajyoti CRM (DB) 1763 of 2024 In the matter of : Mohammad Rahid Muslaman @ Md.
Rasid Hossain @ Md. Rahid Hossen .... Petitioner.
Mr. Ali Ahasan Alamgir, Ms. Soma Mal, Ms. Rabia Khatoon ... For the Petitioner.
Mr. Debasish Roy, learned Public Prosecutor, Mr. Manoranjan Mahata ... For the State.
The issue is very simple. The administration needs to ascertain whether or not the petitioner is a Nepalese citizen. If he is, then he should not be in custody even for a day on the ground of charges having leveled against him under the Foreigners Act. A Nepali citizen, we are told by learned Public Prosecutor, does not require Visa to be in India.
We do not understand why till date, the administration has not been able to ascertain the citizenship of the petitioner. A report has been filed in Court, dated June 24, 2024, signed by Sub-Inspector, Safiul Islam Mondal, Swarupnagar PS, Basirhat PD. The report is to the effect that the relevant documents have been submitted to various authorities for verification. No verification report is available till date.
In the facts and circumstances aforestated and as suggested by learned Public Prosecutor, we seek the assistance of Superintendent of Police, Basirhat Police District, North 24 Parganas. We request the Superintendent of Police, Basirhat Police District, North 24 Parganas to Signed By :
DEBAJYOTI DAS High Court of Calcutta
3 rd of July 2024 02:34:57 PM 2 appear before us either virtually or physically on July 04, 2024 at 10-30 a.m. List this matter on July 04, 2024. This order will be communicated to the Superintendent of Police, Basirhat Police District, immediately by the parties' learned Advocates.
(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :
DEBAJYOTI DAS High Court of Calcutta 3 rd of July 2024 02:34:57 PM