Gauhati High Court
Md. Ebrahim Ali vs The Union Of India And 5 Ors on 5 April, 2021
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GAHC010313532019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/9424/2019
MD. EBRAHIM ALI
S/O- LATE HUSSAIN ALI, R/O- ROSE GOLI AMOLAPATTY, P.S. AND DIST.-
DIBRUGARH, ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA,
HOME AFFAIRS DEPARTMENT, NEW DELHI-1.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-06.
3:THE ELECTION COMMISSION OF INDIA
NEW DELHI-01
INDIA
4:THE STATE CO-ORDINATOR
NRC
ASSAM
5:THE DEPUTY COMMISSIONER
DIBRUGARH
P.O. AND DIST.- DIBRUGARH
ASSAM.
6:THE SUPERINTENDENT OF POLICE (B)
DIBRUGARH
P.O. AND DIST.- DIBRUGARH
ASSA
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Advocate for the Petitioner : MR. M B U AHMED
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
:: O R D E R ::
05.04.2021
[N. Kotiswar Singh, J]
Heard Mr. M. B. U. Ahmed, learned counsel for the petitioner.
Issue notice, returnable within 4 (four) weeks.
Ms. J. Sarma, learned Central Government Counsel accepts notice on behalf of
respondent No.1; Mr. G. Sarma, learned Special Counsel, FT accepts notice on behalf of
respondent Nos. 2, 5 and 6. Ms. B. Das, learned Standing Counsel, ECI accepts notice on
behalf of respondent No.3 and Ms. L. Devi, learned Standing Counsel, NRC accepts notice on
behalf of respondent No.4.
As the respondents are duly represented, no formal steps need be taken in respect of
them. However, the petitioner shall serve extra copies to the learned counsel for the
respondents.
Records have been received.
We have perused the records.
It is seen that petitioner has two more brothers, namely, Mahammad Ali (expired),
Monnas Ali (expired) and one sister, Kulsuma Khatoon who all were staying at village
Kahutoli, P.S.- Bihpuria, Mouza-Laluk, District-Lakhimpur but none of them had been declared
a foreigner.
We are of the view that under such circumstances, the matter will require examination,
as to whether only one sibling can be declared a foreigner.
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Learned counsel for the petitioner submits that the petitioner has not yet been
detained on the strength of the judgment and order dated 07.11.2019 rendered by the
learned Member, Foreigners Tribunal, Dibrugarh 1 st in F.T. Case No. 898/06 (new) [P.E. No.
103/04].
If that is so, in the meantime, the petitioner if not already arrested, may not be
arrested and deported from India. We also direct the petitioner to appear before the
Superintendent of Police (Border), Dibrugarh within 15 (fifteen) days from today, who may
obtain necessary information and documentation as required under the rules from the
petitioner for securing his presence. On such appearance, the petitioner shall furnish a bail
bond of Rs.5000/- (Rupees five thousand) with one local surety of the like amount to the
satisfaction of the said authority whereafter he shall be allowed to remain on bail. The
concerned Superintendent of Police (Border) shall also take steps for capturing the finger
prints and biometrics of the iris of the petitioner, if so advised.
However, the petitioner shall not leave the jurisdiction of Dibrugarh District without
giving details of the place of destination and his place of stay to the Superintendent of Police
(Border), Dibrugarh.
Since the records have been received, list the matter for hearing in due course.
JUDGE JUDGE
Comparing Assistant
