Gauhati High Court
Dig Bahadur Pradhan @ Dig Bahadur ... vs The Union Of India And 7 Ors on 23 February, 2021
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GAHC010022522021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1002/2021
DIG BAHADUR PRADHAN @ DIG BAHADUR NEWAR
S/O- MOTILAL PRADHAN @ MOTILALNEWAR, VILL- BRAHMAJAN, P.S.
GOHPUR, DIST.- SONITPUR (NOW BISWANATH), ASSAM, PIN- 784168
VERSUS
THE UNION OF INDIA AND 7 ORS
REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
SHASTRIBHAWAN, NEW DELHI
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE STATE COORDINATOR
OFFICE OF THE STATE COORDINATOR
NRC ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S ROAD
BHANGAGARH
GHY
ASSAM
PIN- 781005
4:THE DY. COMMISSIONER
SONITPUR (NOW BISWANATH)
DIST.- BISWANATHCHARIALI
ASSAM
PIN- 784176
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5:THE SUPERINTENDENT OF POLICE (B)
SONITPUR (NOW BISWANATH)
DIST.- BISWANATHCHARIALI
ASSAM
PIN- 784176
6:THE ELECTION COMMISSIONER OF INDIA
ASHOKA ROAD
NEW DELHI- 110001
7:THE DISTRICT ELECTION OFFICER
SONITPUR (NOW BISWANATH)
DIST.- BISWANATHCHARIALI
ASSAM
PIN- 784176
8:THE MEMBER OF FOREIGNERS TRIBUNAL
4TH TEZPUR AT GOHPUR
SONITPUR (NOW BISWANATH)
DIST.- BISWANATHCHARIALI
ASSAM
PIN- 78417
Advocate for the Petitioner : MR D C NATH
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 ::
23.02.2021
[N. Kotiswar Singh, J]
Heard Mr. D. C. Nath, learned counsel for the petitioner.
Issue notice, returnable within 4(four) weeks.
Mr. P. S. Lahkar, learned Central Government Counsel accepts notice on behalf of
respondent No. 1. Mr. J. Payeng, learned Special Counsel, FT accepts notice on behalf of
respondent Nos.2, 4, 5 and 8. Ms. B. Das, learned Standing Counsel, ECI accepts notice on
behalf of respondent Nos. 6 & 7 and Ms. L. Devi, learned Standing Counsel, NRC accepts
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notice on behalf respondent No. 3.
As the respondents are duly represented, no formal steps need be taken in respect of
the respondents. However, the petitioner shall serve extra copies to the learned counsel for
the respondents.
Registry to requisition the case records in respect of F.T.(T-4)GPR, Case No. 1372/2017
in S.P., Ref. Case No. Tz(B)/98/1403/GPR LAC, dated 30.11.1998 D.C. Case No. 5351/2013
from Foreigners' Tribunal-4th Tezpur at Gohpur.
Learned counsel for the petitioner submits that the petitioner has not yet been
detained on the strength of the opinion/judgment dated 28.08.2020 passed by the learned
Member, Foreigners' Tribunal-4th Tezpur at Gohpur in F.T.(T-4)/GPR, Case No. 1372/2017 S.P,
Ref. Case No. Tz(B)/98/1403/GPR LAC, dated 30.11.1998 D.C. Case No.-5351/2013.
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), Biswanath 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 Biswanath District without
giving details of the place of destination and his place of stay to the Superintendent of Police
(Border), Biswanath.
List accordingly.
JUDGE JUDGE
Comparing Assistant
