Moynal Hoque @ Moynal Sheikh vs The Union Of India And 6 Ors
2022 Latest Caselaw 2779 Gua

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GAHC010131402022




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

                          Case No. : WP(C)/4686/2022

         MOYNAL HOQUE @ MOYNAL SHEIKH
         S/O JULUMUDDIN,
         VILLAGE- NOLDOBA, MONAKOSA
         P.O.- MORNOI, PIN.- 783101,
         P.S- MORNOI, DIST.- GOALPARA, ASSAM.

         VERSUS

         THE UNION OF INDIA AND 6 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
         OF HOME AFFAIRS, NEW DELHI.

         2:THE CHIEF ELECTION COMMISSIONER
          ELECTION COMMISSION OF INDIA
         ASHOKA ROAD NEW DELHI- 110001.

         3:THE STATE OF ASSAM
          REPRESENTED BY ITS SECRETARY

         GOVT. OF ASSAM
         HOME DEPARTMENT
         DISPUR GUWAHATI-6.

         4:THE DIRECTOR GENERAL OF POLICE
         ASSAM ULUBARI
          GUWAHATI- 781007.

         5:THE STATE COORDINATOR
          OFFICE OF THE STATE COORDINATOR OF NATIONAL REGISTER OF
         CITIZENS (NRC)
         ASSAM .1ST FLOOR
         ACHYUT PLAZA
          G.S. ROAD BHANGAGARH
          GUWAHATI- 781005.
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           6:THE DEPUTY COMMISSIONER
            GOALPARA DIST.- GOALPARA
           ASSAM.

           7:THE SUPERINTENDENT OF POLICE (BORDER)
            GOALPARA DIST.- GOALPARA
           ASSAM

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




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

                                       ORDER

05-08-2022 (M.R.Pathak, J)

Heard Mr. K. M. Hasan, learned counsel appearing on behalf of Mr. A. M. Alaman, learned counsel for the petitioner. Also heard Mr. A. K. Dutta, learned Central Government Counsel for the respondent No.1; Mr. A. Bhuyan, learned Standing Counsel, Election Commission of India for the respondent No.2; Mr. G. Sarma, learned Standing Counsel, Foreigners' Tribunal for the respondent Nos. 3, 4 and 7; Ms. L. Devi, learned Standing Counsel, NRC for the respondent No.5 as well as Ms. K. Phukan, learned Government Advocate, Assam for the respondent Nos. 6.

By the order/opinion dated 30.04.2019, passed in F.T. Case No. FT(G-4) Page No.# 3/5

M/6/17 arising out of Reference IM(D)T Case No.390/2003, the learned Member,

Foreigners' Tribunal, 4th, Goalpara, Assam opined that the petitioner is a foreigner/illegal migrant, who entered into India (Assam) on or after 25.03.1971.

Against the same, the petitioner preferred a review petition on 07.01.2020 before the said Tribunal, which was also dismissed on 28.01.2021.

Being aggrieved with the same, the petitioner has preferred this writ petition.

Petitioner contended that in another FT Case No. 2332/G/2010 arising out of Goalpara District Case No.391/2003, the learned Member, Foreigners' Tribunal, Goalpara by judgment and order dated 01.09.2011, declared the petitioner to be an Indian Citizen under the provisions of the IM(D)T Act,1983.

Issue notice, returnable in 6(six) weeks.

Office to requisition the records of F.T. Case No. FT(G-4) M/6/17 arising out of Reference IM(D)T Case No.390/2003, from the office of the learned Member,

Foreigners' Tribunal, 4th, Goalpara as well as the records of F.T. Case No. 2332/G/2010 arising out of Goalpara District Case No.391/2003 from the office of the learned Member, Foreigners' Tribunal, Goalpara.

Mr. Hasan, learned counsel for the petitioner submits that the petitioner has not yet been taken into custody in pursuance of the opinion dated 30.04.2019,

passed by the learned Member, Foreigners' Tribunal, 4 th, Goalpara.

In that view of the matter, in the meantime, the petitioner, if not already arrested, may not be arrested and deported from India. However, the petitioner shall appear before the Superintendent of Police (Border), Goalpara, Assam on Page No.# 4/5

or before 26.08.2022 during the office hours between 10:00 am to 4:30 pm, who shall 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.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 his appearance before the SP (Border), Goalpara, the said authority shall take necessary steps for capturing the fingerprints of both hands of the petitioner and biometrics of the iris of his both eyes.

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

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

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

List accordingly.

                                JUDGE                             JUDGE
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