Gauhati High Court
Saleha Khatun vs The Union Of India And 7 Ors on 14 September, 2021
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GAHC010182562020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4564/2021
SALEHA KHATUN
D/O- ABDUL GAFUR, R/O- VILL- PASCHIM DABLONG, P.O. LASKAR
PATHAR, P.S. LANKA, DIST.- HOJAI, ASSAM
VERSUS
THE UNION OF INDIA AND 7 ORS
TO BE REP. BY SECY. TO THE GOVT. OF INDIA, HOME DEPTT., NORTH
BLOCK, NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI PIN- 110001
3:THE STATE OF ASSAM
TO BE REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR GHY-06
4:THE STATE CO-ORDINATOR OF NRC
ASSAM
BHANGAGARH
GHY-5
5:ADDL. DIRECTOR GENERAL OF POLICE
ASSAM (BORDER)
BHANGAGARH
GHY-05
6:THE SUPERINTENDENT OF POLICE (B)
NAGAON
ASSAM
PIN- 782000
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7:THE SUPERINTENDENT OF POLICE (B)
HOJAI
ASSAM
PIN- 782435
8:THE MEMBER
FOREIGNERS TRIBUNAL NO.7
NAGAON AT LANKA
HOJAI
DIST.- HOJAI
ASSAM
PIN- 78243
Advocate for the Petitioner : MR. N H MAZARBHUIYAN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE MANISH CHOUDHURY
:: O R D E R ::
14.09.2021
[N. Kotiswar Singh, J]
Heard Mr. T.K. Dey, learned counsel for the petitioner.
Issue notice, returnable within 4 (four) weeks.
Mr. A. K. Dutta, learned Central Government Counsel accepts notice on behalf of
respondent No.1; Mr. A. Bhuyan, learned Standing Counsel, ECI accepts notice on behalf of
respondent No.2; Ms. A. Verma, learned Special Counsel, FT accepts notice on behalf of
respondent Nos. 3, 5, 6, 7 & 8 and Ms. L. Devi, learned Standing Counsel, NRC 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.
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Registry to requisition the case records in respect of F.T./L Case No. 1376/2016 [arising
out of SP's Case No. 213/16] from the Foreigners Tribunal, Nagaon 7 th, at Lanka, Hojai,
Assam.
Learned counsel for the petitioner submits that the petitioner has not yet been
detained on the strength of the judgment and order dated 17.05.2019 passed by the learned
Member, Foreigners Tribunal, Nagaon 7th at Lanka, Hojai, Assam in F.T./L/Case No. 1376/2016
[arising out of SP's Case No. 213/16].
If that is so, in the meantime, the petitioner if not already arrested, may not be
arrested and deported from India in terms of the judgment and order dated 17.05.2019
passed in the aforesaid case. We also direct the petitioner to appear before the
Superintendent of Police (Border), Hojai 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 Hojai District without giving
details of the place of destination and her place of stay to the Superintendent of Police
(Border), Hojai.
List the matter after receipt of case records.
JUDGE JUDGE
Comparing Assistant
