Gauhati High Court
Abubakkar vs The Union Of India And 5 Ors on 19 October, 2022
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GAHC010188852022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6242/2022
ABUBAKKAR
S/O. LT. IYAJUDDIN, VILL. SATBOINIRTUP, P.S. BARPETA ROAD, DIST.
BARPETA, 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 COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
3:THE DEPUTY COMMISSIONER
BARPETA
P.O. AND DIST. BARPETA
ASSAM
PIN-781301.
4:THE SUPDT. OF POLICE (B)
BARPETA
P.O. AND DIST. BARPETA
ASSAM
PIN-781301.
5:THE ELECTION COMMISSION OF INDIA
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NEW DELHI
TO BE REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA
NEW DELHI-01.
6:THE STATE COORDINATOR OF NATIONAL REGISTRATION
ASSAM
BHANGAGARH
LACHIT NAGAR
GUWAHATI-05
Advocate for the Petitioner : MR. N HAQUE
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. N Haque, learned counsel for the petitioner and Mr. D J Das, learned CGC for the
respondent No. 1. Also heard Mr. G Sarma, 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.
By the impugned opinion/judgment dated 01.08.2022 passed in Case No. (Bpt/11 th) F.T.
1110/2017, the learned Member, Foreigners' Tribunal, Barpeta 11 th , Barpeta, Assam opined the
petitioner 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 and
failed to prove that he had entered into the Indian territory before the cutoff date of 01.01.1966
or that had not entered into the territory of India after the cutoff date of 25.03.1971.
Being aggrieved, the petitioner has preferred this writ petition stating that he has not yet
been arrested pursuant to the impugned opinion/judgment dated 01.08.2022, noted above,.
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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, Mr. G Sarma, learned Standing counsel,
Foreigners' Tribunal, Assam; Ms. K Phukan, learned Government Advocate, Assam; Mr. A I Ali,
learned Standing counsel, Election Commission of India as well as Ms. L Devi, learned Standing
counsel, NRC by 21.10.2022, obtaining necessary acknowledgements from them in that regard.
Call for the records of Case No. (Bpt/11 th) F.T. 1110/2017 from the office of the learned
Member, Foreigners' Tribunal, Barpeta 11th, Barpeta, 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 01.08.2022 passed by the learned
Member, Foreigners' Tribunal, Barpeta 11th , Barpeta, Assam, noted above, he shall appear
before the Superintendent of Police (Border), Barpeta 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), Barpeta, 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), Barpeta and without obtaining any prior written permission from the said
authority, the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border),
Barpeta, 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 01.08.2022, noted above.
However, failure on the part of the petitioner to comply with the directions specified above,
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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), Barpeta about this order
forthwith.
List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE
Comparing Assistant
