Jeleka Begam vs The Union Of India And 5 Ors
2021 Latest Caselaw 752 Gua

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GAHC010292612019




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

                          Case No. : WP(C)/8920/2019

         JELEKA BEGAM
         W/O- JURAN, D/O- KHABIR UDDIN, R/O- VILL- MALIPARA, P.S. TARABARI,
         DIST- BARPETA, ASSAM, PIN- 781301



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE SECY. TO THE GOVT. OF INDIA, 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
          GHY-06

         3:THE DY. COMMISSIONER
          BARPETA
          DIST- BARPETA
         ASSAM
          PIN- 781301

         4:THE SUPERINTENDENT OF POLICE (B)
          BARPETA
          DIST- BARPETA
         ASSAM
          PIN-

         5:THE ELECTION COMMISSION OF INDIA
          NEW DELHI
          PIN- 110001
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            6:THE STATE CO-ORDINATOR
             NATIONAL REGISTER OF CITIZENS (NRC)
            ASSAM
             PIN- 78103

Advocate for the Petitioner   : MR A A DEWAN

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 Mr. A. A. Dewan, 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. 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 Case No. F.T. 520/2016 corresponding to R/IM(D)T Case No. 6156/98 from the Foreigners' Tribunal, No.7, Barpeta, Assam.

Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the judgment and order dated 04.12.2018 passed by the learned Page No.# 3/3

Member, Foreigners' Tribunal No.7, Barpeta in F. T. Case No. 520/2016 corresponding to R/IM(D)T Case No. 6156/98.

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 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 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 her place of stay to the Superintendent of Police (Border), Barpeta.

                                             JUDGE                                     JUDGE




Comparing Assistant