Md. Jakir Hussain vs The Union Of India And 5 Ors
2021 Latest Caselaw 824 Gua

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GAHC010037412021




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

                         Case No. : WP(C)/1422/2021

         MD. JAKIR HUSSAIN
         S/O MD. ANUWAR HUSSAIN, RESIDENT OF VILLAGE 3 NO. PUB DAGAON,
         PS BOKAKHAT, DIST GOLAGHAT, ASAM 785621



         VERSUS

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

         2:THE ELECTION COMMISSION OF INDIA
          NEW DELHI 110001

         3:THE STATE OF ASSAM

          REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          HOME AND POLITICAL (B) DEPARTMENT
          DISPUR
          GUWAHATI 781006

         4:THE STATE CO ORDINATOR OF NATIONAL REGISTRATION(NRC) ASSAM
          BHANGAGARH
          GUWAHATI 781005

         5:THE DEPUTY COMMISSIONER
          GOLAGHAT
          GOLAGHAT DISTRICT
         ASSAM
          785621

         6:THE SUPERINTENDENT OF POLICE (B)
          GOLAGHAT DISTRICT
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             ASSAM
             78562

Advocate for the Petitioner   : MS. M B BARUAH

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 ::

05.03.2021 [N. Kotiswar Singh, J] Heard Ms. M. B. Baruah, learned counsel for the petitioner.

Issue notice, returnable within 4 (four) weeks.

Mr. U.K. Goswami, 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 & 6. Ms. N. Upadhyay, learned Standing Counsel, ECI accepts notice on behalf of respondent Nos. 2 and Mr. P. S. Lahkar, learned counsel accepts notice on behalf of respondent No.4.

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. FTG(D) 164/2010 corresponding to S.P.'s(D) Voter Enquiry No. 312/2007 from the Foreigners' Tribunal, Jorhat, Assam.

Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the judgment & order dated 08.05.2018 passed by the learned Member, Foreigners' Tribunal, Jorhat in Case No. FTG(D) 164/2010 Corresponding to SP's (D) Voter Enquiry No. 312/2007.

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

List the matter after 4 (four) weeks.

                                             JUDGE                                     JUDGE




Comparing Assistant