Taiyab Ali @ Taiyab Ali Khan vs The Union Of India And 6 Ors
2021 Latest Caselaw 750 Gua

                                                                   Page No.# 1/3

GAHC010280922019




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

                          Case No. : WP(C)/8547/2019

         TAIYAB ALI @ TAIYAB ALI KHAN
         S/O- LT HUSSAIN ALI @ HUSSAIN ALI KHAN, R/O- VILL- PACHIM
         DABLONG, P.S. LANKA, P.O. LASKAR PATHAR, DIST- HOJAI, ASSAM, PIN-
         782435



         VERSUS

         THE UNION OF INDIA AND 6 ORS.
         REP. BY THE SECY. TO THE GOVT. OF INDIA, DEPTT. OF HOME, NEW
         DELHI-1

         2:THE STATE OF ASSAM
          REP. BY THE SECY. TO THE GOVT. OF ASSAM
          DEPTT. OF HOME
          DISPUR
          GHY-6

         3:THE DY. COMMISSIONER
          HOJAI
          PIN- 782435

         4:THE SUPERINTENDENT OF POLICE (B)
          HOJAI
          PIN- 782435

         5:THE ELECTION COMMISSION
          GOVT. OF INDIA
          NEW DELHI-1

         6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC)
         ASSAM
          GHY-32
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              7:THE FOREIGNERS TRIBUNAL
               NAGAON COURT NO 7 AT LANKA
               HOJAI
               REP. BY THE STANDING COUNSEL OF THE TRIBUNAL
               PIN- 78243

Advocate for the Petitioner    : MS. M R DEVI

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




                                        BEFORE
                        HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                         HON'BLE MR. JUSTICE SOUMITRA SAIKIA
                                           :: O R D E R ::

02.03.2021 [N. Kotiswar Singh, J] Heard Ms. M. R. Devi, learned counsel for the petitioner.

Issue notice, returnable within 4 (four) weeks.

Mr. H. Gupta, learned Central Government Counsel, accepts notice on behalf of respondent No. 1. Mr. A. Kalita, learned Special Counsel, FT accepts notice on behalf of respondent Nos.2-4 and 7. Ms. N. Upadhyay, learned Standing Counsel, ECI accepts notice on behalf of respondent No. 5 and Mr. K. K. Parashar, learned counsel accepts notice on behalf of respondent No. 6.

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

Registry to requisition the case records in respect of F.T/L/Case No. 489/2016 arising

out of SP's Case No. 157/2016 from the Foreigners' Tribunal, Nagaon Court No.7 th at Lanka, Hojai.

Learned counsel for the petitioner submits that the petitioner has not yet been Page No.# 3/3

detained on the strength of the judgment and order dated 12.07.2019 passed by the learned

Member, Foreigners' Tribunal, Nagaon Court No.7th at Lanka, Hojai.

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

                                             JUDGE                                     JUDGE




Comparing Assistant