Gauhati High Court
Md. Jahid Hussain @ Md. Md. Johid ... vs The Union Of India And 6 Ors on 8 August, 2022
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GAHC010183892020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5603/2020
MD. JAHID HUSSAIN @ MD. MD. JOHID HUSSAIN @ MD. JAHID ALI
S/O MD. USMAN HUSSIAN @ SEKH USMAN @ USMAN SEKH, RESIDENT
OF DEOLIKHAT (BONIABARI) PO, PS AND DIST SIVASAGAR, ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA,MINISTRY
OF HOME AFFAIRS, NEW DELHI 110001
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 110001
4:THE STATE CO ORDINATOR
NRC ASSAM
ACHYUT PLAZA
BHANGAGARH
GUWAHATI 781005
5:THE DEPUTY COMMISSIONER
SIBSAGAR
ASSAM
782105
6:THE SUPERINTENDENT OF POLICE (B)
SIBSAGAR
SIBSAGAR
ASSAM
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7:THE O/C
SIVASAGAR
SIBSAGAR ASSA
Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MALASRI NANDI
08/08/2022
(M.R. Pathak, J)
Heard Ms. A Hussain, learned counsel for the petitioner and Mr. K Gogoi, learned Central
Government Counsel for the respondent No. 1. Also heard Mr. G Sarma, learned Standing counsel,
Foreigners' Tribunal for the respondent Nos. 2, 6 & 7, Mr. A Bhuyan, 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 judgment & order/opinion dated 15.11.2019 passed by the learned
Member, Foreigners' Tribunal, Jorhat, Assam in F.T. Case No. FT/SVR/52/2010, whereby the petitioner
was declared to be a foreigner under the Foreigners Act, 1946, who illegally entered into the territory
of India (Assam) of post 25.03.1971 without any valid documents, the petitioner has preferred this
writ petition.
It is to be noted herein that pursuant to the said judgment & order/opinion dated 15.11.2019
of the learned Member, Foreigners Tribunal, Jorhat, noted above, the petitioner was taken into
custody and was subsequently released on bail.
Pursuant to the order dated 04.01.2021 passed earlier in this proceeding, Registry has
already received the relevant LCR from the office of the Foreigners Tribunal, Jorhat, Assam.
Matter be admitted for hearing.
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Registry shall list this matter for hearing in its usual course.
As the petitioner's citizenship is in cloud, the petitioner shall appear before the
Superintendent of Police (Border), Sivasagar on or before 31.08.2022 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 his appearance. On such appearance, the petitioner shall
furnish a bail bond of Rs.5,000/- with one local surety of 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),
Sivasagar 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 his both eyes.
However, it is made clear that without giving full details of the petitioner's present address
and/or destination including his mobile/phone number (contact number) to the Superintendent of
Police (Border), Sivasagar and without obtaining any prior written permission from the said authority,
the petitioner shall not leave the jurisdiction of the SP (Border), Sivasagar.
Registry shall inform the Superintendent of Police (Border), Sivasagar, Assam about this order
forthwith.
List accordingly.
JUDGE JUDGE
Comparing Assistant
