Joydev Das @ Joydeb Das vs Union Of India And 6 Ors
2021 Latest Caselaw 1621 Gua

                                                             Page No.# 1/3

GAHC010063942020




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

         Case : I.A.(Civil)/1101/2020

         JOYDEV DAS @ JOYDEB DAS
         S/O- LATE MONA DAS @ MANNA @ MANA @ MONNA DAS
          R/O- VILL- MIKIRBHETA
          P.O AND P.S- MIKIRBHETA
          DIST- MORIGAON
          ASSAM
          PIN- 782413


          VERSUS

         UNION OF INDIA AND 6 ORS
         REP. BY THE MIN OF HOME AFFAIRS
         NEW DELHI
         PIN- 110001

         2:THE STATE OF ASSAM
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GHY.-06.
          3:ELECTION COMMISSION OF INDIA
         NIRVACHAN SADAN
         ASOKA ROAD
          NEW DELHI
          PIN- 110001.
          4:THE STATE CO-ORDINATOR
         NATIONAL REGISTER OF CITIZENS (NRC)
         ASSAM
         ACHYUT PLAZA (1ST FLOOR)
          BHARALUPAR
          BHANGAGARH
          GUWAHATI- 781005.
          5:DY. COMMISSIONER
                                                                              Page No.# 2/3

            MORIGAON
            DIST- MORIGAON
            ASSAM
            PIN- 782105.
            6:THE SUPDT. OF POLICE (B)
            MORIGAON
            PIN- 782105.
            7:THE OFFICER-IN-CHARGE
            MIKIRBHETA POLICE STATION
            MORIGAON
            ASSAM. PIN- 782105.
            ------------
            Advocate for : MR. D R GOGOI
            Advocate for : ASSTT.S.G.I. appearing for UNION OF INDIA AND 6 ORS



                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

Date : 24-06-2021 Suman Shyam, J

Heard Mr. D.R. Gogoi, learned counsel for the applicant. We have also heard Mr. J.

Payeng, learned standing counsel for F.T. Assam, Ms. A. Gayan, learned CGC, Ms. L. Devi,

learned standing counsel, NRC authorities and Mr. A. Bhuyan, learned standing counsel,

Election Commission of India.

This I.A. has been filed with a prayer to release the applicant who was arrested on

05-01-2019 pursuant to the judgment and order dated 05-01-2019 passed by the learned

Member, Foreigners Tribunal No. (3 rd), Morigaon and detained in the detention centre at

Tezpur in the Sonitpur district.

Mr. Gogoi submits that the applicant, having been arrested on 05-01-2019, i.e.

more than two years ago, his further detention would be illegal in view of the order Page No.# 3/3

passed by the Division Bench of this Court in W.P.(C) (Suo-Motu) No. 01/2020 whereby it

was directed that all persons detained in connection with F.T. cases for more than two

years should be released on bail.

Mr. Payeng, learned standing counsel, Foreigners Tribunal submits on instruction

obtained from the concerned authorities that the applicant in this case was released from

the detention centre on 05-05-2021.

If that be so, nothing survives for consideration in this I.A. Be that as it may, on the

request of Mr. Gogoi, this matter is directed to be posted again after the summer vacation

so as to enable him to obtain instruction.

                          JUDGE                        JUDGE
GS




Comparing Assistant