Taleb Ali vs The Union Of India And 5 Ors
2022 Latest Caselaw 3304 Gua

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GAHC010165342022




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

                            Case No. : WP(C)/5415/2022

         TALEB ALI
         S/O. MAYEZ @ MOIJUDDIN AKAND, VILL. MINISIMLA, (KAMARPARA), P.S.
         SARBHOG, DIST. BARPETA, ASSAM,



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
         INDIA, SASTRI BHAWAN, NEW DELHI, PIN-110001.

         2:THE STATE OF ASSAM

          REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          HIME DEPTT.
          DISPUR
          GUWAHATI-06.

         3:THE SUPDT. OF POLICE (B)

          BARPETA
          P.O. P.S. BARPETA (SADAR)
          DIST. BARPETA
          ASSAM
          PIN-781301.

         4:THE DEPUTY COMMISSIONER

          BARPETA
          DIST. BARPETA
          ASSAM
          PIN-781301.
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             5:THE ELECTION COMMISSION OF INDIA

             REP. BY THE CHIEF ELECTION COMMISSION OF INDIA
             NIRVACHAN SADAN
             ASHOKA ROAD
             NEW DELHI
             INDIA
             PIN-110001.

             6:THE NATIONAL REGISTER OF CITIZEN

             REP. BY THE STATE CO-ORDINATOR
             ACHYUT PLAZA
             BHANGAGARH
             KAMRUP (M)
             ASSAM
             PIN-781006

Advocate for the Petitioner    : MR. M A SHEIKH

Advocate for the Respondent : ASSTT.S.G.I.

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

31/08/2022 (M.R. Pathak, J)

Heard Mr. M A Sheikh, learned counsel for the petitioner and Mr. B Sarma, learned Central Government Counsel for the respondent No. 1. Also heard Ms. A Verma, learned Standing counsel, Foreigners' Tribunal for the respondent Nos. 2 & 3; Ms. K Phukan, learned Government Advocate, Assam for the respondent No. 4; Mr. A I Ali, 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.

By the impugned opinion/judgment dated 19.02.2022 passed in Case No. (Bpt/11 th) F.T. 2113/2017 (Reference No. 3871/B/98), the learned Member, Foreigners' Tribunal No. 11, Barpeta, Sorbhog opined that the petitioner was born in Assam (India) from his projected father, Moijuddin and Page No.# 3/4

mother, Malo Bewa out of their conjugal relationship or that he did not come from the specified territory to Assam after the first and second cutoff dates of 01.01.1966 and 25.03.1971 respectively.

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

Issue notice, returnable by 8 (eight) weeks.

As Mr. B Sarma, learned Central Government Counsel; Ms. A Verma, learned Standing counsel, Foreigners' Tribunal; Ms. K Phukan, learned Government Advocate, Assam; Mr. A I Ali, 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 & 3; 4; 5 & 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 Sarma, learned Central Government Counsel; Ms. A Verma, learned Standing counsel, Foreigners' Tribunal; Ms. K Phukan, learned Government Advocate, Assam; Mr. A I Ali, learned Standing counsel, Election Commission of India and Ms. L Devi, learned Standing counsel, NRC within 2 (two) days from today, obtaining necessary acknowledgment from them in that regard.

Registry shall call for the records of Case No. (Bpt/11 th) F.T. 2113/2017 (Reference No. 3871/B/98) from the office of learned Member, Foreigners' Tribunal No. 11, Barpeta, Sorbhog forthwith.

As the petitioner's citizenship is in cloud, the petitioner shall appear before the Superintendent of Police (Border), Barpeta on or before 14.09.2022 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), Barpeta 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 Page No.# 4/4

Police (Border), Barpeta and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of the SP (Border), Barpeta.

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.

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

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

List accordingly on a date to be fixed by the Registry.

                                                 JUDGE                          JUDGE




Comparing Assistant