Gauhati High Court
Amena Khatun vs Union Of India And 5 Ors on 24 March, 2021
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GAHC010018232021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/265/2021
AMENA KHATUN
W/O. HAMED ALI @ ABDUL HAMED, R/O. VILL. GANDAPUKHURI, P.S.
DALGAON, DIST. DARRANG, ASSAM.
VERSUS
UNION OF INDIA AND 5 ORS.
REP. BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI-110001
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
3:THE DY. COMMISSIONER
DARRANT
PIN-784125.
4:THE ELECTION COMMISSION OF INDIA
NEW DELHI-110001.
5:THE STATE COORDINATOR
NATIONAL REGISTRAR OF CITIZENS (NRC)
ASSAM
GUWAHATI-781005.
6:THE SUPERINTENDENT OF POLICE (B)
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DARRANG
PIN-784125
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE MANISH CHOUDHURY
order
24-03 -2021
[N. Kotiswar Singh, J]
Heard Mr. F.U. Barbhuiya, learned counsel for the applicant. Also heard Mr. B. Sarma,
learned CGC appearing for respondent No.1; Mr. G. Sarma, learned Special Counsel, F.T. for
respondent Nos.2, 3 & 6; Ms. B. Das, learned standing counsel, ECI, appearing for
respondent No.4 and Ms. L. Devi, learned Standing Counsel, NRC appearing for respondent
No.5.
2. The present application has been filed by the applicant for her release from the Tezpur
Detention Camp on the ground that the son of the applicant is going to appear in HSLC
examination, which will be held in the month of May, 2021. In support of this contention, the
applicant has annexed a photo copy of the admit card issued by the Board of Secondary
Education, Assam in the name of her son. Learned counsel for the applicant submits that the
applicant's husband is a daily wage labourer and there is no one to look after her family and
as such, she may be allowed to go on bail to look after the welfare of her son who is going to
appear in the HSLC examination.
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3. The applicant was declared as a foreigner in terms of the judgment/opinion dated
19.12.2018 passed by the learned Member, Foreigners Tribunal 5 th, Darrang Mangaldai in
Case No. F.T.(V) 555/2016 arising out of S.P. Enquiry No.393/2016 and she was arrested on
11.12.2020 on the basis of the aforesaid order passed by the
learned Foreigners Tribunal and sent to the Detention Camp, Tezpur. The applicant is in the
said detention camp till date.
4. We have heard the learned counsel for the parties and perused the materials available
on record.
5. We are of the view that during the pendency of this petition, the applicant may be
allowed to go on bail to look after the welfare of her son who is going to appear in the HSLC
examination.
6. Accordingly, the applicant who is stated to be in detention in Tezpur detention Camp is directed
to be released on bail. Since her citizenship is under cloud, until further order, she 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), Darrang. The concerned
Superintendent of Police (Border), Darrang, 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 Darrang district without furnishing the details of the place of destination and necessary information
including contact number to the Superintendent of Police (Border), Darrang and the applicant shall
appear before the Superintendent of Police (Border), Darrang as and when directed by the
Superintendent of Police (Border), Darrang.
Copies of this order be furnished to the Superintendent of Tezpur Jail, where the applicant is
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presently stated to be lodged as well as Superintendent of Police (B), Darrang for doing the needful.
6. I.A. (Civil) stands allowed. .
JUDGE JUDGE
Comparing Assistant
