Songul Ali @ Safiqule vs The Union Of India And 5 Ors
2021 Latest Caselaw 636 Gua

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GAHC010024642021




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : WP(C)/944/2021

         SONGUL ALI @ SAFIQULE
         S/O- LT. ISHAD ALI, R/O- VILL- DAKHIN NOWABIL, P.O. AMBARI, P.S.
         MURAJHAR, DIST.- HOJAI, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REP. BY THE SECY., TO THE GOVT. OF INDIA, MINISTRY OF HOME
         AFFAIRS, NEW DELHI- 110001

         2:THE ELECTION COMMISSIONER OF INDIA
          GOVT. OF INDIA
          NEW DELHI- 110001

         3:THE STATE OF ASSAM
          REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GHY-6

         4:THE ASSAM STATE COORDINATORS OF NRC
          BHANGAGARH
          GHY-5

         5:THE DY. COMMISSIONER
          HOJAI
          SANKARDEVNAGAR
          HOJAI
          PIN- 782442

         6:THE SUPERINTENDENT OF POLICE (B)
          HOJAI
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             SANKARDEVNAGAR
             HOJAI
             ASSAM
             PIN- 78244

Advocate for the Petitioner   : MR F K R 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 ::

23.02.2021 [N. Kotiswar Singh, J] Heard Mr. F.K.R. Ahmed, 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. Ms. N. Upadhyay, learned Standing Counsel, ECI accepts notice on behalf of respondent No. 2. Mr. J. Payeng, learned Special Counsel, FT accepts notice on behalf of respondent Nos. 3, 5 and 6 and Ms. L. Devi, learned Standing Counsel, NRC accepts notice on behalf respondent No. 4.

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.L/Case No. 1229/2016 arising

out of SP's Case No. 27/2010 from the Foreigners' Tribunal, Nagaon 7th at Lanka, Hojai.

Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the judgment and order dated 05.07.2019 passed by the learned

Member, Foreigners' Tribunal, Nagaon 7 th at Lanka, Hojai in F.T.L/Case No. 1229/2016 arising Page No.# 3/3

out of SP's Case No. 27/2010.

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), Hojai 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 Hojai District without giving details of the place of destination and his place of stay to the Superintendent of Police (Border), Hojai.

List accordingly.

                                             JUDGE                                     JUDGE




Comparing Assistant