Khairun Nessa vs The Union Of India And 5 Ors
2022 Latest Caselaw 2670 Gua

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GAHC010139662022




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

                           Case No. : WP(C)/4707/2022

         KHAIRUN NESSA
         W/O- SIDDIQUE ALI, R/O- VILL.- SINGITALI, P.O. AND P.S. RANGAGARA,
         DIST. SONITPUR, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF INDIA, HOME AFFAIRS DEPARTMENT, NEW DELHI-01.

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

         3:THE ELECTION COMMISSION OF INDIA
          NEW DELHI-01.

         4:THE STATE CO-ORDINATOR
          NRC
         ASSAM

         5:THE DEPUTY COMMISSIONER
          SONITPUR
         TEZPUR
          DIST. SONITPUR
         ASSAM
          PIN- 784001.

         6:THE SUPERINTENDENT OF POLICE (B)
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                  SONITPUR
                  DIST. SONITPUR
                  ASSAM
                  PIN- 784001

Advocate for the Petitioner : MR A ALI
Advocate for the Respondent : ASSTT.S.G.I.


                                                 BEFORE
                       HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                        HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA


                                                  ORDER

02-08-2022 (M.R.Pathak, J) Heard Mr. A. Ali, learned counsel for the petitioner and Mr. K.K. Parashar, learned Central Government Counsel for the respondent No. 1. Also heard Mr. A. Kalita, learned Standing counsel, Foreigners Tribunal, Assam for the respondent Nos. 2 & 6; Mr. A. Ali, learned Standing counsel, Election Commission of India for the respondent No. 3, Ms. L. Devi, learned Standing counsel, NRC for the respondent No. 4 and Ms. U. Das, learned Government Advocate, Assam for the respondent No. 5.

Being aggrieved with the impugned order/opinion dated 22.10.2021 passed by the learned

Members' of Foreigners' Tribunal 7th Sonitpur, Balipara in Case No. FTDC 913/2016 arising out of Ref. No. TZP(B)/07/34 declaring the petitioner to be an illegal migrant/foreigner who entered into Assam on or after 1971, the petitioner has preferred this writ petition.

It is submitted by the petitioner that said order/opinion dated 22.10.2021 passed by the learned

Members' of Foreigners' Tribunal 7th Sonitpur, Balipara in Case No. FTDC 913/2016 is barred by res-

judicata as the learned Member, Foreigners Tribunal, Tezpur 1 st, district-Sonitpur vide judgment and opinion dated 23.11.2015 passed in F.T. Case No. 782/2012 arising out of S.P.(B) Case No. 172/2010 declared that the petitioner is a citizen of India by birth not foreigner as alleged.

However, we propose to examine the relevant records of both the cases, noted above at the first instance.

Office to requisition the records of (i) Case No. FTDC 913/2016 arising out of Ref. No. Page No.# 3/3

TZP(B)/07/34 from the office of the learned Members' of Foreigners' Tribunal 7 th Sonitpur, Balipara, Tezpur, District- Sonitpur and (ii) F.T. Case No. 782/2012 arising out of S.P.(B) Case No. 172/2010 from

the Office of the learned Member, Foreigners Tribunal, Tezpur 1 st, district-Sonitpur.

In the meanwhile, if the petitioner has not already been arrested, shall not be arrested and deported from India. However, the petitioner shall appear before the Superintendent of Police (Border), Sonitpur, Tezpur on or before 23.08.2022 during the office hours between 10:00 am to 04.30 pm, who shall obtain necessary information and documentation as required under the rules from the petitioner for securing her appearance. On such appearance, the petitioner shall furnish a bail bond of Rs. 5,000/- with one local surety of the like amount to the satisfaction of the said authority, thereafter, the petitioner shall be allowed to remain on bail.

On appearance of the petitioner before the concerned Superintendent of Police (Border), Sonitpur, Tezpur as directed above, the said authority shall take steps for capturing the fingerprints of both hands of the petitioner and biometrics of the iris of her both eyes.

However, it is made clear that without giving full details of the petitioner's present address and/or destination including her mobile/phone number (contact number) to the Superintendent of Police (Border), Sonitpur, Tezpur and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of the SP (Border), Sonitpur, Tezpur.

A copy of this order requisitioning the case records and the Forwarding Letter by which the case records are sent to this Court be part of the record file of the Tribunal.

This order be brought to the notice of the Registrar (Judicial).

Registry shall inform the Superintendent of Police (Border), Sonitpur, Tezpur about this order forthwith.

List accordingly.

                                          JUDGE                                            JUDGE



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