Gauhati High Court
Nurul Hoque vs The Union Of India And 6 Ors on 15 November, 2022
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GAHC010227782022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3300/2022
IN WP(C) 6324/2022
NURUL HOQUE
S/O- LATE ABDUL HASEN @ HASEN ALI,
R/O- BARJHAR BAGISA,
P.S- MANGALDAI
DIST- DARRANG, ASSAM, PIN-784525
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI- 110001.
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI-110001
3:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6
4:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M)
5:THE DEPUTY COMMISSIONER
UDALGURI ASSAM
PIN-784509
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6:THE SUPERINTENDENT OF POLICE (B)
UDALGURI
BTR
ASSAM
PIN-784125
7:THE OFFICER IN CHARGE
KALAIGAON POLICE STATION
DIST-UDALGURI
ASSAM
PIN-78452
8:THE SUPERINTENDENT OF POLICE (B)
DARRANG AT MANGALDAI,
ASSAM,
PIN-784125.
9:THE OFFICER IN CHARGE
MANGALDAI POLICE STATION
DIST-MANGALDAI,
ASSAM
PIN-78452
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
:: O R D E R ::
15.11.2022
[N. Kotiswar Singh, J]
Heard Mr. M.U. Mahmud, learned counsel for the applicant/petitioner. Also heard Ms. L.
Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned ASGI appearing
for respondent No.1; Mr. A.I. Ali, learned Standing Counsel, ECI for respondent No.2; Mr. G.
Sarma, learned Standing Counsel, Foreigners Tribunal for respondent Nos.3, 6, 7, 8 & 9; Ms.
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K. Phukan, learned Government Advocate, Assam for respondent No.5.Ms. L. Devi also
appears for respondent No.4 as the learned Standing Counsel, NRC.
2. The present application has been filed for correcting certain typographical mistakes
which have occurred in the order dated 27.10.2022 passed by this Court in WP(C)
No.6324/2022.
3. By the aforesaid order dated 27.10.2022, this Court considering the period of the
applicant/petitioner's detention in custody since 30.08.2022 in pursuance of the impugned
judgment & order/opinion dated 31.07.2018 passed in F.T. Case No.644/2007, directed that
the petitioner should be released from the detention camp at Central Jail, Tezpur forthwith on
furnishing of a bail bond of Rs.15,000/- to the satisfaction of the Superintendent of Police
(Border), Udalguri. It was also directed that on his appearance before the Superintendent of
Police (Border), Udalguri shall also take necessary steps for capturing the fingerprints of both
of his hands and also the biometrics of the iris of his both eyes. It was also made clear that
without giving his full details like present address and/or destination including his
mobile/phone number (contact number) etc. before the Superintendent of Police (Border),
Udalguri and without obtaining any prior written permission from the said authority and the
petitioner shall not leave the jurisdiction of the Superintendent of Police (Border), Udalguri.
4. It has been submitted that though the direction was issued to the Superintendent of
Police (Border), Udalguri to furnish a bail of Rs.15,000/-, the appropriate authority would be
the Superintendent of Police (Border), Darrang at Mangaldai under whose jurisdiction earlier
the case was initiated and the applicant/petitioner is presently detained.
5. Accordingly, the order dated 27.10.2022 passed in WP(C) No.6324/2022 is modified by
directing the Superintendent of Police (Border), Darrang at Mangaldai to release the
applicant/petitioner from detention on furnishing a bail bond of Rs.15,000/- (Rupees fifteen
thousand) only to the satisfaction of Superintendent of Police (Border), Darrang at Mangaldai
as directed by this Court on 27.10.2022.
The Superintendent of Police (Border), Darrang at Mangaldai shall also take necessary
steps for capturing the fingerprints of his both hands and also the biometrics of the iris of his
both eyes as directed by this Court vide order dated 27.10.2022.
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It is also directed that without giving his full details like present address and/or
destination including his mobile/phone number (contact number) etc., before the
Superintendent of Police (Border), Darrang at Mangaldai and without obtaining any prior
written permission from the said authority, the applicant/petitioner shall not leave the
jurisdiction of the Superintendent of Police (Border) Darrang at Mangaldai.
6. Mr. Mahmud, learned counsel for the applicant/petitioner has submitted that due to
creation of a new District of Udalguri after being bifurcated from the District Darrang,
necessary corrections are required to be done in the address of the applicant/petitioner in the
cause-title in respect of Police Station and District and the Superintendent of Police (Border),
Darrang at Mangaldai and the Officer-in-Charge of Mangaldai Police Station, District- Darrang
are required to be impleaded as respondent Nos.8 and 9 respectively in the writ petition,
WP(C) No.6324/2022.
7. Accordingly, the learned counsel for the applicant/petitioner is permitted to make
necessary correction in the cause-title as regards the address of the applicant/petitioner. He is
also permitted to implead the Superintendent of Police (Border), Darrang at Mangaldai and
the Officer-in-Charge of Mangaldai Police Station, District- Darrang as the respondent Nos.8
and 9 respectively in the writ petition, WP(C) No.6324/2022.
8. Registry to make necessary correction in the CIS.
9. With the above observation and direction, the present application stands disposed of.
JUDGE JUDGE
Comparing Assistant
