Abdul Matin vs The Union Of India And 5 Ors
2021 Latest Caselaw 1151 Gua

                                                                     Page No.# 1/3

GAHC010236192019




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

                           Case No. : WP(C)/7317/2019

         ABDUL MATIN
         S/O- JOINAL ABDIN, R/O- GORSINGA BIHIA GAON, P.O. AND P.S. TEZPUR,
         DIST- SONITPUR, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY ITS COMM. AND SECY. TO THE GOVT. OF INDIA, DEPTT. OF
         HOME,, SHASTRI BHAWAN, NEW DELHI- 110001

         2:THE ELECTION COMMISSION OF INDIA
          REP. BY THE CHIEF ELECTION COMMISSIONER
          INDIA
          NEW DELHI- 110001

         3:THE STATE OF ASSAM
          REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM
          DEPTT. OF HOME

          DISPUR
          GHY-6

         4:THE STATE CO-ORDINATOR
          NATIONAL REGISTER OF CITIZENS
          BHANGAGARH
          GHY-5
         ASSAM

         5:THE DY. COMMISSIONER
          SONITPUR DISTRICT
         ASSAM
          PIN- 784001
                                                                                  Page No.# 2/3


            6:THE SUPERINTENDENT OF POLICE (B)
             SONITPUR DISTRICT
            ASSAM
             PIN- 78400

Advocate for the Petitioner   : K U AHMED

Advocate for the Respondent : ASSTT.S.G.I.




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

24.03.2021 [N. Kotiswar Singh, J] Heard Mr. K. U. Ahmed, learned counsel appearing for the petitioner.

Issue notice, returnable within 4 (four) weeks.

Mr. B. Sarma, learned Central Government Counsel accepts notice on behalf of respondent No.1. Mr. G. Sarma, learned Special Counsel, FT accepts notice on behalf of respondent Nos. 3, 5 and 6. Mr. A. I. Ali, learned Standing Counsel, ECI accepts notice on behalf of respondent No.2 and Ms. L. Devi, learned Standing Counsel, NRC accepts notice on behalf of respondent No. 4.

As the respondents are duly represented, no formal steps need to be taken in respect of the respondents. However, the petitioner shall serve extra copies to the learned counsel appearing for the respondents.

Registry to requisition the case records of Case No. F.T.(D) Case No. 6851/2012 [Police

Enquiry No. 1054/1998] from the Foreigners' Tribunal, Tezpur(1 st), Sonitpur, Assam.

Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the judgment dated 10.04.2019 rendered by the learned Member, Page No.# 3/3

Foreigners' Tribunal, Tezpur (1 st), Sonitpur in F.T.(D) Case No. 6851/2012 [Police Enquiry No. 1054/1998].

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

List the matter after receipt of the records.

                                             JUDGE                                     JUDGE




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