Fulchan Ali vs The Union Of India And 5 Ors. -A
2022 Latest Caselaw 3036 Gua

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GAHC010158042022




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

                                 Case No. : WP(C)/5261/2022

            FULCHAN ALI
            S/O LATE BAHAJ UDDIN @ BAHEJ ALI,
            VILL.- RAKHALDUBI,
            P.S.- BAGUAN,
            DIST.- GOALPARA, ASSAM, PIN- 783129.

            VERSUS

            THE UNION OF INDIA AND 5 ORS. -A
            REP. BY THE 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- 781006.

            3:THE DEPUTY COMMISSIONER
             BONGAIGAON
             DIST.- GOALPARA ASSAM 783101.

            4:THE SUPERINTENDENT OF POLICE (B)
             GOALPARA
            ASSAM 783101.

            5:THE ELECTION COMMISSION OF INDIA
             NEW DELHI 110001.

            6:THE STATE CO-ORDNATOR
             NATIONAL REGISTER OF CITIZENS (NRC)
             BHANGAGARH
             PIN- 781032

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

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MRS. JUSTICE MITALI THAKURIA

17/08/2022 (M.R. Pathak, J)

Heard Mr. A M Ahmed, learned counsel for the petitioner and Mr. B Chakraborty, learned Central Government Counsel for the respondent No. 1. Also heard Mr. G Sarma, learned Standing counsel, Foreigners' Tribunal for the respondent Nos. 2 & 4, Ms. K Phukan, learned Government Advocate, Assam for the respondent No. 3; Mr. A Bhuyan, learned Standing counsel, Election Commission of India for the respondent No. 5 and Ms. L Devi, learned Standing counsel, NRC for the respondent No. 6.

Being aggrieved with the judgment & order/opinion dated 30.06.2022 passed by the learned

Member, Foreigners' Tribunal 4th, Goalpara, Assam in F.T. Case No. FT(G-4)892/19 arising out of Reference F.T. Case No. 415/09, whereby the petitioner was declared to be a foreigner under the Foreigners Act, 1946, who illegally entered into the territory of India (Assam) on or after 25.03.1971, the petitioner has filed this writ petition on 08.08.2022.

Issue notice, returnable by 4 (four) weeks.

As Mr. B Chakraborty, learned Central Government Counsel; Mr. G Sarma, learned Standing counsel, Foreigners' Tribunal; Ms. K Phukan, learned Government Advocate, Assam; Mr. A Bhuyan, learned Standing counsel, Election Commission of India and Ms. L Devi, learned Standing counsel, NRC have accepted notice on behalf of the respondent Nos. 1; 2 & 4; 3; 5 and 6 respectively, no formal notice need to be issued to those respondents.

Petitioner shall serve requisite extra copies of this writ petition along with the Annexures appended thereto to Mr. B Chakraborty, learned Central Government Counsel; Mr. G Sarma, learned Standing counsel, Foreigners' Tribunal; Ms. K Phukan, learned Government Advocate, Assam; Mr. A Bhuyan, learned Standing counsel, Election Commission of India and Ms. L Devi, learned Standing counsel, NRC by tomorrow, i.e., 18.08.2022, obtaining necessary acknowledgment from them in that Page No.# 3/3

regard.

Registry shall call for the records of F.T. Case No. FT(G-4)892/19 arising out of Reference F.T.

Case No. 415/09 from the office of the learned Member, Foreigners' Tribunal 4 th, Goalpara, Assam.

As the petitioner's citizenship is in cloud, the petitioner shall appear before the Superintendent of Police (Border), Goalpara on or before 08.09.2022 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), Goalpara 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), Goalpara and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of the SP (Border), Goalpara.

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

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

List accordingly.

                                                  JUDGE                          JUDGE




Comparing Assistant