Gauhati High Court
Assam vs The Union Of India And 7 Ors on 28 November, 2022
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GAHC010137222022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/3441/2022
AISHA BEGUM
WIFE OF FARIDUR RAHMAN
DAUGHTER OF MUNNAF ALI
R/O VILLAGE- BAGARIGURI
P.S.- JAJORI
DISTRICT- NAGAON
ASSAM.
VERSUS
THE UNION OF INDIA AND 7 ORS.
REPRESENTED BY THE SECRETARY
MINISTRY OF HOME AFFAIRS
NEW DELHI-1.
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI.
3:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY OF HOME
DEPARTMENT
DISPUR
GUWAHATI- 781006
DISTRICT- KAMRUP(M)
ASSAM.
4:THE SUPERINTENDENT OF POLICE (BORDER)
NAGAON
DISTRICT- NAGAON
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ASSAM.
5:THE FOREGINERS REGISTRATION OFFICE
NAGAON
DISTRICT- NAGAON
ASSAM.
6:THE NATIONAL REGISTRAR OF CITIZEN
NAGAON
DISTRICT- NAGAON
ASSAM.
7:THE OFFICER IN CHARGE
NAGAON
P.S. NAGAON
DISTRICT- NAGAON
ASSAM.
8:THE DEPUTY COMMISSIONER
NAGAON
DISTRICT- NAGAON
ASSAM.
------------
Advocate for : MR A SHARMA
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
order
28-11 -2022
[N. Kotiswar Singh, J]
Heard Mr. A. Sharma, learned counsel for the applicant/petitioner. Also heard Ms. L.
Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. SGI for
respondent no.1; Mr. G. Sarma, learned Special Standing Counsel, F.T. appearing for
respondent nos. 4 & 7; Mr. A.I. Ali, learned Standing Counsel, ECI, appearing for respondent
no.2, Ms. L. Devi, learned Standing Counsel, NRC, appearing for respondent nos.5 & 6 and
Ms. U. Das, learned State Counsel, Assam, appearing for respondent nos.3 & 8.
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By filing this Interlocutory Application, the applicant/petitioner has sought for bail.
It has been submitted that this Court while taking up the matter on 07.09.2022 did not
pass any order for bail on the ground that the petitioner did not state as to any threat
perception of arrest pursuant to the impugned opinion dated 21.05.2022 passed in F.T. Case
No.94/2015 arising out of SP(B) Ref. No.26/2015 and (ii) F.T. Case No.18/2017 arising out of
S.P(B) Ref. No.147/2017 by the Foreigners Tribunal 1 st, Nagaon. However, this Court made
the observation that the petitioner shall not be deported from the territory of India in
pursuance of the common impugned judgment dated 21.05.2022 passed in F.T. Case
No.94/2015 arising out of SP(B) Ref. No.26/2015 and (ii) F.T. Case No.18/2017 arising out of
S.P(B) Ref. No.147/2017 by the Foreigners Tribunal 1st, Nagaon.
It has been submitted by the learned counsel for the applicant/petitioner that
subsequent to the passing of the order dated 07.09.2022, the police are now looking for the
petitioner to detain her and as such, apprehends that if the order for bail is not passed she
may be detained.
Learned counsel for the applicant/petitioner also submits that the applicant/petitioner
otherwise has sufficient documents to prove that she is an Indian and accordingly, she may
be allowed to go on bail.
After hearing the learned counsel for the parties and also considering the materials
available records, this Court is of the view that the petitioner may allowed to remain on bail,
if not already detained.
Accordingly, if the petitioner has not yet been detained on the strength of the order
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dated 21.05.2022 passed by the learned Member, Foreigners Tribunal, 1st, Nagaon, Assam in
F.T. Case No.94/2015 arising out of SP(B) Ref. No.26/2015 and (ii) F.T. Case No.18/2017
arising out of S.P(B) Ref. No.147/2017, the applicant/petitioner shall not be taken into
custody and be allowed to remain on bail, subject to the following conditions.
The applicant/petitioner shall appear before the Superintendent of Police (Border),
Nagaon within 15(fifteen) days from today, who may obtain necessary information and
documentation as required under the rules from the applicant/petitioner for securing her
presence. On such appearance, the applicant/petitioner shall furnish a bail bond of Rs.
5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of
the said authority, whereafter, the applicant/petitioner shall be allowed to remain on bail. The
concerned Superintendent of Police (Border) shall also take steps for capturing the
fingerprints of both hands and biometrics of the iris of the petitioner. The applicant/petitioner
also shall not leave the jurisdiction of Nagaon district without furnishing the details of the
place of destination and her place of stay to the Superintendent of Police (Border), Nagaon
including relevant contact/mobile number.
It is made clear that failure on the part of the applicant/petitioner to provide relevant
mobile/contact number will warrant recalling of this bail order.
With the above observations and directions, the present Interlocutory Application is
disposed of.
JUDGE JUDGE
Comparing Assistant
