Rupjan Nessa vs The Union Of India And 5 Ors
2021 Latest Caselaw 790 Gua

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GAHC010036692021




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

                             Case No. : WP(C)/1358/2021

         RUPJAN NESSA
         W/O JOYEN UDDIN
         D/O SHAMES ALI @ SHAMEJ ALI
         VILLAGE LACHANGA, PS AND DIST BARPETA, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
         OF HOME AFFAIRS, SHASTRI BHAWAN, NEW DELHI 110001

         2:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
          HOME DEPARTMENT
          DISPUR GUWAHATI 06

         3:THE DEPUTY COMMISSIONER

          BARPETA
          ASSAM
          781301

         4:THE SUPERINTENDENT OF POLICE (B)
          BARPETA
         ASSAM 781301

         5:THE ELECTION COMMISSION OF INDIA

          NEW DELHI 110001

         6:THE STATE CO ORDINATOR
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             NATIONAL REGISTER OF CITIZENS (NRC) ASSAM
             GUWAHATI 78100

Advocate for the Petitioner   : M ALAMGEER

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 ::

03.03.2021 [N. Kotiswar Singh, J] Heard Mr. A. H. M.R. Choudhury, learned counsel for the petitioner.

Issue notice, returnable within 4 (four) weeks.

Mr. K. K. Parashar, 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. Ms. B. Das, 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 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. (Bpt/11 th) F.T.

1852/2017 [P.E. No. IM(D)T Case No. 1798(B)/98] from Foreigners Tribunal, Barpeta 11 th, Assam.

Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the judgment dated 04.03.2020 rendered by the learned Member,

Foreigners' Tribunal, Barpeta 11th, Assam in Case No. (Bpt/11 th) F.T. 1852/2017 [P.E. No. Page No.# 3/3

IMD(T) Case No. 1798(B)/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