Adari Majumdar @ Adari Bala ... vs The Union Of India And 4 Ors
2021 Latest Caselaw 1001 Gua

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GAHC010198362017




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

                          Case No. : WP(C)/3980/2017

         ADARI MAJUMDAR @ ADARI BALA MAZUMDAR @ ADORI MAZUMDAR
         W/O. JATRA MOHAN MAZUMDAR, D/O. LT. DURLABH BISWAS, VILL.
         KHAGALPUR PART-III, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM.



         VERSUS

         THE UNION OF INDIA and 4 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
         AFFAIRS, NEW DELHI-110001.

         2:THE STATE OF ASSAM

          REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GHY.-06.

         3:THE COMMISSIONER and SECY.
         TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GHY.-06.

         4:THE SUPDT. OF POLICE B

          BONGAIGAON
          ASSAM.

         5:THE DY. COMMISSIONER

          BONGAIGAON
          PIN-783380
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Advocate for the Petitioner     : MS.J CHAKRABORTY

Advocate for the Respondent : GA, ASSAM




                                       BEFORE
                       HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                       HON'BLE MR. JUSTICE MANISH CHOUDHURY
                                         :: O R D E R ::

16.03.2021 [N. Kotiswar Singh, J] Heard Mr. A. A. Dewan, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned State Counsel appearing for respondent Nos.2, 3, 4 & 5.

Mr. Dewan, learned counsel for the petitioner submits that petitioner had left Bangladesh because of religious persecution and he prays for 4 (four) weeks time to enable him to file additional affidavit.

Prayer is allowed.

Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the judgment and order dated 18.08.2016 passed by the learned Member, Foreigners' Tribunal, Bongaigaon No.2, Abhayapuri, Assam in Case No.- BNGN/FT/2035/2007 arising out Ref: IMDT BNGN 1798/04.

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), Bongaigaon within 15 (fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing her 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 she shall be allowed to remain on bail. The concerned Superintendent of Police (Border) shall also take steps for capturing the finger Page No.# 3/3

prints and biometrics of the iris of the petitioner, if so advised.

However, the petitioner shall not leave the jurisdiction of Bongaigaon District without giving details of the place of destination and her place of stay to the Superintendent of Police (Border), Bongaigaon.

List the matter again on 26.04.2021.

                                             JUDGE                                     JUDGE




Comparing Assistant