Gauhati High Court
Alladi Mondal vs The Union Of India And 6 Ors on 21 October, 2022
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010145382020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4636/2020
ALLADI MONDAL
W/O- BHASANI MANDAL, D/O- LT. SANTOSH SARKAR, R/O- VILL-
BARIPUKHURI PART-I, P.S. ABHAYAPURI, DIST.- BONGAIGAON, ASSAM,
PIN-
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI- 110001
2:THE ELECTION COMMISSION OF INDIA
NIRBACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001
INDIA
3:THE STATE COORDINATOR OF NATIONAL REGISTRAR OF CITIZENSHIP
(N.R.C.)
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S.ROAD
BHANGAGARH
GHY-05
DIST.- KAMRUP (M)
ASSAM
4:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
Page No.# 2/4
GHY-6
ASSAM
5:THE DY. COMMISSIONER
BONGAIGAON
DIST.- BONGAIGAON
ASSAM
6:THE SUPERINTENDENT OF POLICE (B)
BONGAIGAON
DIST.- BONGAIGAON
ASSAM
7:THE FOREIGNERS TRIBUNAL
BONGAIGAON-2
ABHAYAPURI
DIST.- BONGAIGAON
ASSAM
PIN
Advocate for the Petitioner : MR. B P SINHA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
21-10-2022 (M.R. Pathak, J) Heard Mr. B. P. Sinha, learned counsel for the petitioner and Ms. K. Phukan, 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, Ms. A. Verma, learned Standing counsel, Foreigners' Tribunal, Assam for the respondent Nos. 4, 6 & 7 and Ms. U. Das, learned Government Advocate, Assam for the respondent No. 5.
Page No.# 3/4 The learned Member, Foreigners' Tribunal, Bongaigaon No. 2, Abhayapuri by the impugned opinion/order dated 31.12.2019 passed in BNGN/FT-2/APR/Case No. 477/2017 in a reference made by the Superintendent of Police (Border), Bongaigaon vide BNGN IMDT Case No. 498/2003 opined that the petitioner is a foreigner under the Foreigners Act, 1946 who had illegally entered into the territory of India (Assam) from the specified territory of Bangladesh on or after 25.03.1971.
Being aggrieved, the petitioner has preferred this writ petition.
It is submitted by the petitioner that till filing of this writ petition on 12.10.2020, she was not taken into custody pursuant to the impugned opinion/order dated 31.12.2019, noted above. However, she is apprehending that once she is taken into custody, she will be deported from the territory of India.
Issue Rule, returnable by 8 (eight) weeks.
As the learned CGC; learned Standing Counsels and learned Government Advocate, Assam, named above, have accepted the notices on behalf of the respondents, no formal notice need to be issued to them.
Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto to Ms. K. Phukan, learned CGC; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India; Ms. L. Devi, learned Standing counsel, NRC, Ms. A. Verma, learned Standing counsel, Foreigners' Tribunal, Assam and Ms. U. Das, learned Government Advocate, Assam by 26.10.2022, obtaining necessary acknowledgements from them in that regard.
Call for the records of BNGN/FT-2/APR/Case No. 477/2017 from the office of the learned Member, Foreigners' Tribunal, Bongaigaon No. 2, Abhayapuri.
Since the petitioner has been declared to be a foreigner under the Foreigners Act, 1946 by the impugned opinion/order dated 31.12.2019, noted above, she shall appear before the Superintendent of Police (Border), Bongaigaon on or before 15.11.2022 during the office hours between 10:00 am to 4:30 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 her appearance.
On her such appearance, the Superintendent of Police (Border), Bongaigaon, shall also take necessary steps for capturing the fingerprints of both hands of the petitioner and biometrics of the iris of her both eyes.
Page No.# 4/4 It is made clear that without giving full details of the petitioner's present address and/or destination including her mobile/phone number (contact number) etc., before the Superintendent of Police (Border), Bongaigaon and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border), Bongaigaon.
Until further order of the Court, the petitioner shall not be deported from the territory of India pursuant to the impugned opinion/order dated 31.12.2019, noted above.
However, failure on the part of the petitioner to comply with the directions specified above, the authority concerned shall be at liberty to take appropriate action in accordance with law.
A copy of this order requisitioning the case records and the forwarding letter by which the case records are sent to this Court be made part of the record file of the Tribunal.
This order be brought to the notice of the Registrar (Judicial).
Registry shall inform the Superintendent of Police (Border), Bongaigaon about this order forthwith.
List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE Comparing Assistant