Gauhati High Court
Mahammad Ali vs The Union Of India And 5 Ors on 24 February, 2021
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GAHC010167952020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2010/2020
MAHAMMAD ALI
S/O- NALCHAND ALI @ LALCHAN ALI,, VILL- PALARPAM, P.S. BAGHBAR,
DIST- BARPETA, ASSAM, PIN- 781308, PH. NO. 9126543540
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, NEW DELHI-01
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE DY. COMMISSIONER
BARPETA
ASSAM
781301
4:THE SUPERINTENNDENT OF POLICE (B)
BARPETA
781301
5:THE ELECTION COMMISSIONER
ASSAM
HOUSEFED DISPUR
GHY-6
6:THE NODAL OFFICER
NRC
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BHANGAGARH
GHY-
Advocate for the Petitioner : MR. A A AHMED
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE SOUMITRA SAIKIA
order
24-02 -2021
[N. Kotiswar Singh, J]
Heard Mr. A. Dasgupta, learned Senior Counsel assisted by Mr. A.A. Ahmed, learned
counsel for the applicant/petitioner. Also heard Also heard Mr. K. Gogoi, learned CGC
appearing for respondent No.1; Mr. J. Payeng, learned Special Counsel, F.T. for the
respondent nos. 2, 3 & 4, Ms. N. Upadhyay, learned standing counsel, ECI, appearing for
respondent No.5 and Ms. L. Devi, learned standing counsel, NRC, appearing for respondent
No.6.
2. The case of the applicant is that the applicant has been declared as a foreigner in
terms of the judgment/opinion dated 10.09.2018 rendered by the Foreigner Tribunal No.4,
Barpeta in F.T. Case No.132/2017. According to him, though he is an Indian Citizen but was
wrongly opined as a foreigner by the learned Tribunal. Learned counsel for the applicant
submits that the authorities nevertheless, included the names of the father and his children in
the National Registration of Citizens (NRC), in support of which he has annexed Annexure-1,
a copy of the relevant portion of the NRC. According to the applicant, the father of the
applicant, namely, Lalchan Ali, mother Jahira Khatun and their children Jakir Husssain and
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Junap Ali have been included in the NRC. According to him, this situation obtaining is
irreconcilable for the reason that a person who has been dubbed to be a foreigner cannot
have immediate relatives and siblings as Indian Citizens, deserving inclusion in the NRC.
Accordingly, it has been submitted by the learned counsel for the applicant that this issue
needs to be verified by the authorities. Learned counsel for the applicant accordingly, submits
that during the pendency of this writ petition challenging the validity of the impugned opinion
dated 10.09.2018 rendered by the Foreigner Tribunal No.4, Barpeta in F.T. Case No.132/2017,
the petitioner, who has been in Goalpara detention camp since 02.05.2019, may be enlarged
on bail.
3. We have heard the learned counsel for the parties and perused the materials on
records.
4. We are also of the view that in spite of the applicant being categorised as a foreigner, if it is
found that his father and brothers are included in the records of NRC as Indian Citizens, the case of
the applicant can be considered in the light of his immediate relatives, who have been declared as
Indian Citizens, and as such, he would be entitled to get certain interim benefit by virtue of his
immediate relatives mentioned above, being included in the NRC as Indians.
5. Accordingly, the applicant who is stated to be in detention in Goalpara detention Camp is
directed to be released on bail. Since his citizenship is under cloud, until further order, he will remain
on bail on furnishing a bail bond of Rs. 5,000/- (Rupees five thousand) with one local surety of the
like amount to the satisfaction of the Superintendent of Police (Border), Barpeta. The concerned
Superintendent of Police (Border), Barpeta, shall also take steps for capturing the fingerprints and
biometrics of the iris of the applicant, if so advised. The applicant also shall not leave the jurisdiction
of Barpeta district without furnishing the details of the place of destination and necessary information
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including contact number to the Superintendent of Police (Border), Barpeta and the applicant shall
appear before the Superintendent of Police (Border), Barpeta as and when directed by the
Superintendent of Police (Border), Barpeta.
6. I.A. (Civil) stands allowed.
JUDGE JUDGE
Comparing Assistant
