Habibar Rahman vs The Union Of India And 5 Ors
2021 Latest Caselaw 1153 Gua

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GAHC010100752019




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

                            Case No. : WP(C)/3085/2019

         HABIBAR RAHMAN
         S/O. ABDUL KHALEK @ KHALEQUE @ MD. ABDUL KHALEQUE, VILL.
         BOGURIGURI PATHAR, P.S. SORBHOG, DIST. BARPETA, ASSAM.



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         TO BE REP. BY THE SECRETARY, GOVT. OF INDIA, DEPTT. OF HOME
         AFFAIRS, NEW DELHI, INDIA, NEW DELHI-01.

         2:THE STATE OF ASSAM
         TO BE REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
          DEPTT. OF HOME
          DISPUR
          GUWAHATI-06.

         3:THE SUPERINTENDENT OF POLICE (B)

          BARPETA
          DIST. BARPETA
          ASSAM-781301.

         4:THE DY. COMMISSIONER

          BARPETA
          DIST. BARPETA
          ASSAM-781301.

         5:THE ELECTION COMMISSIONER OF INDIA

          NEW DELHI-01.
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            6:THE NRC CO-ORDINATOR

             NATIONAL REGISTER OF CITIZEN (NRC)
             ASSAM
             BHANGAGARH
             GUWAHATI-05

Advocate for the Petitioner   : MR. A R SIKDAR

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. A. R. Sikdar, 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.2, 3 and 4. Mr. A. I. Ali, learned Standing Counsel, ECI accepts notice on behalf of respondent No.5 and Ms. L. Devi, learned Standing Counsel, NRC accepts notice on behalf of respondent No.6.

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.(Bpt/11 th) F.T. 800/2016 [P.E. F.T.

Case No.178/11] from the Foreigners' Tribunal, Barpeta 11th, Assam.

Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the judgment dated 19.01.2019 rendered by the learned Member, Page No.# 3/3

Foreigners' Tribunal, Barpeta 11th in Case No. (Bpt/11th) F.T. 800/2016 [P.E. No. F.T. Case No.178/11].

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

List the matter after receipt of the records.

                                             JUDGE                                       JUDGE




Comparing Assistant