Gauhati High Court
Md. Mujahil Ali @ Md. Majhil Ali vs The Union Of India And 5 Ors on 22 November, 2022
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GAHC010199792022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6536/2022
MD. MUJAHIL ALI @ MD. MAJHIL ALI
S/O LATE MONIRUDDIN ALI @ MONIRUDDIN AHMED, R/O VILL-
KHANIKAR GAON, P.S.-DERGAON, DIST-GOLAGHAT, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF
INDIA, NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI
3:THE STATE OF ASSAM
REPRESENTED BY THE GOVERNMENT OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-06
4:THE ASSAM STATE CO-ORDINATOR OF NRC
BHANGAGARH
GUWAHATI-05
5:THE DEPUTY COMMISSIONER
GOLAGHAT
DIST-GOLAGHAT
ASSAM
PIN-785621
6:THE SUPERINTENDENT OF POLICE (B)
GOLAGHAT
DIST-GOLAGHAT
ASSAM
PIN-78562
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Advocate for the Petitioner : MR. S A AHMED
Advocate for the Respondent : DY.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
:: O R D E R ::
22.11.2022
[N. Kotiswar Singh, J]
Heard Mr. S.A. Ahmed, learned counsel for the petitioner. Also heard Ms. L. Devi,
learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned ASGI for respondent
No.1; Mr. A.I. Ali, learned Standing Counsel, ECI for respondent No.2; Mr. J. Payeng, learned
Special Counsel, Foreigners Tribunal appearing for respondent Nos.3 & 6 and Ms. U. Das,
learned Additional Senior Government Advocate, Assam for respondent No.5.
2. The matter has been taken up today for consideration of bail of the petitioner on
receipt of records requisitioned from learned Foreigners Tribunal, Jorhat, Assam.
3. It has been submitted that the petitioner has been taken into custody on 08.09.2022 in
connection with impugned common judgment and order dated 08.09.2022 passed by learned
Foreigners Tribunal, Jorhat in Case No. FTG(D)269/2019 [arising out of S.P.'s Enquiry
No.39/2019] and Case No. FTG(D) 516/2018 [arising out of S.P.'s Enquiry No.279/1998] by
which the petitioner was declared a foreigner and since then he is in detention camp at
Central Jail, Jorhat.
4. We have gone through the records.
5. On perusal of the records, what we have noted is that in the Verification Report
prepared by the Verification Officer, while the names of the petitioner and his mother have
been included in the voters list, the same have been shown to be "D" voters. However, in the
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Verification Report there are references to certain documents produced by the petitioner
including the certified copies of voters list of 1966 of one Maniruddin who the petitioner
claims to be his father, revenue receipts in the name of one Bosona Musolman, petitioner's
great grandfather relating to 1942/43, NRC document of his grandfather Nazimuddin and NRC
document of his father Maniruddin, A.T.C. certificate issued in the name of his grandfather,
school certificate etc.
6. In the Verification Report of the Verification Officer, however, nothing has been
mentioned as regards whether the petitioner had migrated into Assam, as also regards the
place from where he migrated and when he migrated. There is no observation by the
Verification Officer that the petitioner appears to be a foreigner except for the entry of his
name as "D" voter in the Electoral Roll.
7. However, the ERO forwarded the case of the petitioner to the Superintendent of Police
(Border), Golaghat only on the ground that the petitioner has been already marked as "D"
voter since 1997 electoral roll of 96- Khumtai LAC.
8. The Superintendent of Police (Border), Golaghat on perusal of the report of ERO and
the documents found that the name of suspect (petitioner herein) has been already marked
as "D" voter since 1997 Electoral Roll of 96 Khumtai LAC and accordingly, referred the matter
to the learned Foreigners Tribunal, Jorhat.
9. We are of the view that the matter requires examination by this Court in view of the
documents which were produced before the learned Tribunal especially the Verification
Officer's Report.
10. We have also gone through the deposition of the petitioner and also the cross-
examination by the State before the learned Tribunal.
While going through the cross-examination, we have noticed that the petitioner had
reiterated what he had stated in his evidence-in-chief by way of affidavit.
11. Under the circumstances, we are inclined to allow the petitioner to be released on bail
during the pendency of this petition.
12. Accordingly, the petitioner may be released from the detention immediately who had
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been detained in connection with the opinion dated 08.09.2022 rendered by learned
Foreigners Tribunal, Jorhat in Case No.FT(G)269/2019 [Corresponding to S.P.'s Enquiry
No.39/2019] and Case No. FTG(D) 516/2018 [Corresponding to S.P.'s Enquiry No.279/98] on
furnishing a bail bond of Rs.5,000/- (Rupees five thousand) only with one suitable surety of
the like amount to the satisfaction of the Superintendent of Police (Border), Golaghat. The
Superintendent of Police (Border), Golaghat may obtain necessary information and
documentation as required under the rules from the petitioner for securing his presence. The
Superintendent of Police (Border), Golaghat shall also take steps for capturing the finger
prints and biometrics of the iris of the petitioner.
The petitioner shall not leave the jurisdiction of Golaghat District without informing and
giving details of the place of destination and his place of stay to the Superintendent of Police
(Border), Golaghat.
The petitioner shall furnish an active/functional contact/mobile number to the
Superintendent of Police (Border), Golaghat so as to enable him to monitor the petitioner's
movements and whereabouts.
13. It is made clear that failure on the part of the petitioner to provide relevant
mobile/contact number will warrant recalling of this bail order.
14. Since the records have been received, let the matter be listed for hearing in usual
course.
JUDGE JUDGE
Comparing Assistant
