Aslam Mansoori vs The Union Of India And 5 Ors
2021 Latest Caselaw 1569 Gua

                                                                      Page No.# 1/4

GAHC010072092021




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

                         Case No. : I.A.(Civil)/1031/2021
                                               in
                                      WP(C) 687/2021

         ASLAM MANSOORI
         S/O. RAFIQUE MANSOORI @ RAFIQUE ALI, R/O. STATION ROAD,
         UDALGURI, P.O., P.S. AND DIST. UDALGURI, ASSAM, PIN-784509



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-
         110001

         2:THE STATE OF ASSAM

          REP. BY THE COMM. AND SECY. HOME DEPTT.
          ASSAM SACHIBHALAYA
          DISPUR
          GUWAHATI
          PIN-781006.

         3:THE ELECTION COMMISSION OF INDIA
          NIRVACHAN SADAN
         ASHOKA ROAD
          NEW DELHI-110001.

         4:THE OFFICE OF THE STATE COORDINATOR OF NATIONAL REGISTER OF
         CITIZENS (NRC)

          ASSAM
          1ST FLOOR
          ACHYUT PLAZA
          G.S. ROAD
                                                                       Page No.# 2/4

             BHANGAGARH
             GUWAHATI-781005
             DIST. KAMRUP (M)
             ASSAM.

             5:THE DY. COMMISSIONER
              UDALGURI DISTRICT
             AT UDALGURI
             ASSAM.

             6:THE SUPDT. OF POLICE (B)

             UDALGURI DISTRICT
             AT UDALGURI
             ASSAM

Advocate for the Petitioner   : MR. S CHAUHAN

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

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

27-05-2021 (Sudhanshu Dhulia, CJ)

The matter is taken up through video conferencing. Heard Mr. S. Chauhan, learned counsel for the applicant/writ petitioner. Also heard Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India, Mr. J. Payeng, learned standing counsel, Foreigners Tribunal, Mr. A. Bhuyan, learned standing counsel, Election Commission of India and Ms. L. Devi, learned standing counsel, NRC.

The applicant/writ petitioner has challenged the judgment & order dated Page No.# 3/4

12.10.2020 passed by the Foreigners' Tribunal, 2 nd, Darrang, Mangaldai in F.T.

2nd Case No.6120/2011 [Reference F.T. Case No.103/2006(D)].

Since the applicant/writ petitioner was not detained/arrested on the strength of the order dated 12.10.2020, a Division Bench of this Court vide order dated 12.02.2021 passed in WP(C) No.687/2021 gave an interim order in favour of the applicant/writ petitioner with a direction that the applicant/writ petitioner will appear before the Superintendent of Police (Border), Darrang within fifteen days from the date of passing of the said order. On such appearance, it was further directed that the applicant/writ petitioner shall furnish a bail bond of Rs.5,000/- (Rupees Five Thousand) with one local surety of the like amount and then the applicant/writ petitioner shall be allowed to remain on bail. There were other directions as well.

All the same, the applicant/writ petitioner could not appear before the Superintendent of Police (Border), as directed vide order dated 12.02.2021, for the reasons that the applicant/writ petitioner was at Muzaffarpur, Bihar and thereafter though he appeared after fifteen days but since the time for appearance before the concerned Superintendent of Police (Border) had already elapsed, the order is not being implemented.

Now an interlocutory application has been moved by the counsel for the applicant/writ petitioner for extending the time for a further period of fifteen days from today.

Considering these strange and difficult circumstances of Covid-19 pandemic, we are inclined to give fifteen days time to the applicant/writ petitioner. The applicant/writ petitioner, namely, Aslam Mansoori, shall appear

before the Superintendent of Police (Border), Darrang on or before 11th June, 2021. The remaining terms and conditions, as contained in the order dated Page No.# 4/4

12.02.2021, shall remain as they are.

In view of the above, the interlocutory application stands closed.

                JUDGE                      CHIEF JUSTICE




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