Gauhati High Court
Bimal Das vs The Union Of India And 5 Ors on 19 October, 2022
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GAHC010184272022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6231/2022
BIMAL DAS
S/O. LT. HARI CH. DAS @ HARI DAS SARKAR, VILL. GOTLONG, P.S.
TEZPUR, DIST. SONITPUR, ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, SHASTRI BHAWAN, NEW DELHI-01.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
3:THE DEPUTY COMMISSIONER
SONITPUR
P.O. TEZPUR
DIST. SONITPUR
ASSAM
PIN-782124.
4:THE SUPDT. OF POLICE (B)
SONTIPUR
P.O. TEZPUR
DIST. SONITPUR
ASSAM
PIN-782124.
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5:THE ELECTION COMMISSION OF INDIA
NEW DELHI
TO BE REP. BY CHIEF ELECTION COMMISSIONER OF INDIA.
6:THE STATE COORDINATOR OF NATIONAL REGISTRATION
ASSAM
BHANGAGARH
LACHIT NAGAR
GUWAHATI-05
Advocate for the Petitioner : MR A U AHMED
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
19-10-2022
(M.R.Pathak, J)
Heard Mr. A U Ahmed, learned counsel engaged by the Gauhati High Court Legal Services
Authority for the petitioner as well as Mr. D J Das, learned CGC for the respondent No. 1. Also
heard Ms. A Verma, learned Standing counsel, Foreigners' Tribunal, Assam for the respondent
Nos. 2 & 4; Ms. K Phukan, learned Government Advocate, Assam for the respondent No. 3; Mr. A
I Ali, learned Standing counsel, Election Commission of India for the respondent No. 5 as well as
Ms. L Devi, learned Standing counsel, NRC for the respondent No. 6.
Being aggrieved with the impugned opinion/judgment dated 18.02.2019 passed by the
learned Member, Foreigners' Tribunal, Tezpur (1 st), Sonitpur, Assam in F.T. Case No. 40/2018,
whereby he has been declared to be a foreigner under the Foreigners' Act, 1946, who had
illegally entered into the territory of India (Assam) from the specified territory of Bangladesh on
or after 25.03.1971 without any valid documents, the petitioner has preferred this writ petition.
It is also placed before the Court by the petitioner that he had applied for legal assistance
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from the Gauhati High Court Legal Services Authority, which was provided to him but he could
contact the concerned counsel very recently only after the Covid period is over.
The petitioner further submitted that he has not yet been arrested pursuant to the
impugned opinion/judgment dated 18.02.2019, noted above.
Issue Rule, returnable by 8 (eight) weeks.
As the learned CGC; learned Standing Counsels and learned Government Advocate, Assam,
named above, have accepted notices on behalf of the respondents, no formal notice need be
issued to them.
Petitioner shall serve requisite extra copies of this writ petition including the Annexures
appended thereto to Mr. D J Das, learned CGC, Ms. A Verma, learned Standing counsel,
Foreigners' Tribunal, Assam, 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, Assam by 21.10.2022, obtaining necessary acknowledgements from them in that regard.
Call for the records of F.T. Case No. 40/2018 from the office of the learned Member,
Foreigners' Tribunal, Tezpur (1st), Sonitpur, Assam.
As the petitioner has been declared to be a foreigner of post 25.03.1971 stream under the
Foreigners Act, 1946 by the impugned opinion/judgment dated 18.02.2019 passed by the learned
Member, Foreigners' Tezpur (1st), Sonitpur, Assam, noted above, he shall appear before the
Superintendent of Police (Border), Sonitpur on or before 15.11.2022 during the office hours
between 10:00 am to 4:30 pm, along with a certified copy of this order, who shall obtain
necessary information and documentation as required under the Rules from the petitioner for
securing his presence.
The Superintendent of Police (Border), Sonitpur, on his such appearance shall also take
necessary steps for capturing the fingerprints of both hands of the petitioner and biometrics of
the iris of his both eyes.
It is made clear that without giving full details of the petitioner's present address and/or
destination including mobile/phone number (contact number) etc., before the Superintendent of
Police (Border), Sonitpur and without obtaining any prior written permission from the said
authority, the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border),
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Sonitpur, Assam.
Until further order of the Court, the petitioner shall not be deported from the territory of
India pursuant to the impugned opinion/judgment dated 18.02.2019, noted above.
However, failure on the part of the petitioner to comply with the directions specified above,
the authority concerned shall be at liberty to take appropriate action in accordance with law.
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.
This order be brought to the notice of the Registrar (Judicial).
Registry shall inform the Superintendent of Police (Border), Sonitpur about this order
forthwith.
List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE
Comparing Assistant
