Habibur Rahman vs The Union Of India And 6 Ors
2022 Latest Caselaw 2226 Gua

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GAHC010128292022




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

                        Case No. : I.A.(Civil)/1882/2022




         HABIBUR RAHMAN
         S/O. ABDUL MALEK
         VILL. BATABARI
         P.O. SONARIGAON
         P.S. DHING
         DIST. NAGAON
         ASSAM.


          VERSUS

         THE UNION OF INDIA AND 6 ORS.
         TO BE REP. BY THE SECRETEARY GOVT. OF INDIA
         DEPTT. OF HOME AFFAIRS
         NEW DELHI
         INDIA.

         2:THE STATE OF ASSAM

         TO BE REP. BY THE SECY.
         TO THE GOVT. OF ASSAM
         DEPTT. OF HOME
         DISPUR
         GUWAHATI-06.
         3:THE ELECTION COMMISSION OF INDIA

         TO BE REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA
         NIRVACHAN ASHOKA ROAD
         NEW DELHI
         INDIA.
         4:THE SUPDT. OF POLICE (B)
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            SIVSAGAR
            DIST. SIVSAGAR
            ASSAM.
            5:THE SUPDT. OF POLICE (B)

            NAGAON
            DIST. NAGAON
            ASSAM.
            6:THE DEPUTY COMMISSIONER

            SIVSAGAR
            DIST. SIVSAGAR
            ASSAM.
            7:THE DEPUTY COMMISSIONER

            NAGAON
            DIST. NAGAON
            ASSAM.
            ------------
            Advocate for : MR. A R BHUYAN
            Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS.



                                  BEFORE
                  HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
                 HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                         ORDER

Date : 28.06.2022 (N. Kotiswar Singh, J)

Heard Mr. A. R. Bhuyan, learned counsel for the applicant. Mr. H. Gupta, learned standing counsel, appears on behalf of CGC; Mr. A. I. Ali, learned Standing Counsel, appears on behalf of ECI; Mr. G. Sharma, learned Standing Counsel, appears on behalf of Foreigners Tribunal; and Ms. K. Phukan, learned Government Advocate, appears on behalf of State of Assam.

2) The present I. A. has been filed by the applicant on being declared a Foreign National by the Foreigner's Tribunal, Jorhat vide order dated 06.05.2022 passed in F. T. (SVR) 91/2013, for enlarging the petitioner on bail during the pendency of the present Page No.# 3/4

petition.

3) We have heard the learned counsel for the parties and also gone through to opinion.

4) As per the opinion, it appears that the petitioner has been declared to be a foreigner after analyzing the evidence on record and on finding of discrepancy in the name of his great grandfather, which has been shown as "Kuddush" and sometimes as "Kudrat Ali".

5) The learned Tribunal held that the name of ""Kudrat Ali" has been erroneously reflected in Ext-13 as "Kudrat Ullah" as such, it cannot be accepted to be the name of his deceased grandfather, "Kudrat Ali".

6) Relying upon on the judgment passed by the Hon'ble Supreme in Sirajul Hoque Vs. State of Assam and Ors reported in 2019 5 SCC 534 ., the learned counsel for the petitioner submits that the aforesaid discrepancy is not of significant nature but of minor nature.

7) In view of the above submission, we are inclined to examine this issue and accordingly, we allow the present petitioner to be released on bail so as to effectively pursue his case before this Court. However, he will be released on furnishing a bail bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the Superintendent of Police (Border), Sivsagar. The concerned Superintendent of Police (Border) shall also take steps for capturing the fingerprints and biometrics of the iris of the petitioner, if so advised.

8) The petitioner shall not leave the jurisdiction of Sivsagar district without giving details of the place of destination and her place of stay to the Superintendent of Police (Border), Sivsagar.

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9) The I.A. (Civil)/1882/2022 is accordingly, disposed of.

                         JUDGE                     JUDGE




Comparing Assistant