Gauhati High Court
Sahidul Sk. @ Shahidul Islam vs The Union Of India And 7 Ors on 8 November, 2021
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GAHC010009242020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1516/2020
SAHIDUL SK. @ SHAHIDUL ISLAM
S/O. SIKENDER ALI, VILL. KALGACHIA, P.S. KALGACHIA, DIST. BARPETA,
ASSAM.
VERSUS
THE UNION OF INDIA AND 7 ORS.
REP. BY MINISTRY OF HOME AFFAIRS, NEW DELHI-110001.
2:THE STATE OF ASSAM
REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPTT. ETC. PIN-781006.
3:ELECTION COMMISSION OF INDIA
REP. BY CHIEF ELECTOR OFFICER
ASSAM
DISPUR
PIN-781005.
4:REGISTER GENERAL OF INDIA
REP. BY THE STATE COORDINATOR
BHANGAGARH
GUWAHATI
PIN-781007.
5:THE FOREIGNERS TRIBUNAL NO.
2
KAMRUP (M)
6:THE DY. COMMISSIONER
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KAMRUP ( M)
7:THE DEPUTY COMMISSIONER OF POLICE (BORDER)
CITY GUWAHATI
8:OFFICER IN CHARGE
BAGHBAR POLICE STATION
BARPETA
ASSAM
PIN-781308
Advocate for the Petitioner : MR. Z KHALID
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MRS. JUSTICE MALASRI NANDI
order
08-11 -2021
[N. Kotiswar Singh, J]
Heard Ms. S. Chakraborty, learned Legal Aid Counsel for the petitioner. Also heard Ms.
L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. SGI,
for respondent No.1; Mr. J. Payeng, learned Special Counsel, F.T. appearing for respondent
Nos. 2, 5 & 7; Mr. A.I. Ali, learned Standing Counsel, ECI, appearing for respondent No.3, Ms.
L. Devi, learned Standing Counsel, NRC, appearing for the respondent no.4 and Ms. K.
Phukan, learned State Counsel, Assam, appearing for the respondent no.6.
This Court by an order dated 24.09.2021 granted interim bail to the petitioner, which
reads as follows:
"......It has been submitted by Ms. S. Chakraborty, learned Legal Aid Counsel that there is a finding by
the learned Tribunal that the proceedee has been able to establish his linkage with his parents namely, Sekendar
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Ali and Sabura/Safura Khatun by voter lists of 1997, 2005, 2010 and 2018. The parents of Shahidul Sk @
Sahidul Islam, namely, Sekendar Ali and Sabura/Safura Khatun could establish their presence from 1985 voter
list. The name of Mahiruddin and Majiran Nessa are also recorded in the voter lists of 1966 and 1970 in South
Salmara LAC. However, the Tribunal held that the proceedee failed to establish that the person named as
Mahiruddin Sk, S/o Abdur/Abdul Rahman in the voter lists of 1966 and 1970 of South Salmara LAC is the same
person named as Mahiruddin father of Sekendar Ali in the voter lists of 1985, 1989, 1997, 2005, 2010 and 2008.
However, Ms. Chakraborty submits that there should not have been any occasion to doubt for the
reason that the proceedee had clearly mentioned in paragraph 11 of the written statement that the opposite party
and his father Sekendar Ali had shifted to Barpeta in the year 1980 and settled there and he along with his family
members got their names enrolled in the Jania LAC and since then, they have been casting their votes there till
date.
We have gone through the paragraph 11 of the written statement and found that there is plausible
explanation given by the opposite party. However, we will hear all the parties in this regard before we give our
final opinion in this matter.
Considering the above submission and the records available before this Court, we are inclined to grant
bail to the proceedee namely, Sahidul Sk @ Shahidul Islam.
Accordingly, the petitioner who is stated to be in detention, if not already released, may be released on
bail on furnishing a bail bond of Rs.5000/- (Rupees five thousand) with one local surety of the like amount to the
satisfaction of the Superintendent of Police (Border), Barpeta 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.
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), Border.
List the case after 4 (four) weeks."
Further, this Court in I.A.(Civil) No.1690/2021 vide order dated 07.10.2021 allowed
making necessary corrections in the names and addresses in the cause-title of the order
dated 24.09.2021 passed in WP(C) No.1516/2020 where " the Deputy Commissioner of Police
(Border), City Guwahati" had been wrongly typed as "the Superintendent of Police(Bordre),
Barpeta, Assam".
It has been submitted at the Bar by Ms. S. Chakraborty that as the F.T. case number
has not been specifically mentioned in the said interim order dated 24.09.2021, the Deputy
Commissioner of Police (Border), City Guwahati is not acting on the same.
It is hereby clarified that the petitioner, namely, Sahidul Sk @ Shahidul Islam, who is in
detention camp in connection with the judgment and order dated 30.12.2019 passed in F.T.
Case No.124/2018 by the Foreigners Tribunal No.2, Kamrup(Metro), shall be released on bail
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by the Deputy Commissioner of Police (Border), City Guwahati in terms of the order dated
24.09.2021 passed by this Court.
Copies of this order be furnished to the Superintendent of the concerned Detention Camp,
where the petitioner is stated to be presently lodged, as well as Superintendent of Police (B), City
Guwahati for doing the needful.
Interlocutory Application i.e. I.A.(Civil) No.9878/2021 (filling number) filed in this
regard stands closed accordingly.
List the matter after 4 (four) weeks.
JUDGE JUDGE
Comparing Assistant
