Gauhati High Court
Sahar Bhanu @ Shwahar Bhanu vs The Union Of India And 5 Ors on 21 October, 2022
Page No.# 1/4
GAHC010208372022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6673/2022
SAHAR BHANU @ SHWAHAR BHANU
S/O- SARAR ALI @ SARAF ALI @ CHARRAR ALI @ SARAP ALI, W/O-
FAZAL HOQUE, PERMANENT R/O- VILL- RANIPUKHURI, P.O. KAJIAMATI,
P.S. UDALGURI, IN THE UDALGURI DIST. OF ASSAM TEMPORARY R/O-
VILL- SAPMARI, P.S. UDALGURI, IN THE UDALGURI DIST. OF ASSAM, PIN-
784509
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI, PIN- 110001
2:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER
NEW DELHI- 110001
3:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-06
4:THE DY. COMMISSIONER
UDALGURI
ASSAM
784509
5:THE SUPERINTENDENT OF POLICE (B)
UDALGURI
ASSAM
784509
Page No.# 2/4
6:COORDINATOR
NATIONAL REGISTER OF CITIZENS
BHANGAGHAR
GHY-0
Advocate for the Petitioner : MR. J ABBAS
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
21-10-2022
(M.R.Pathak, J)
Heard Mr. M Handique, learned counsel for the petitioner and Ms. K Phukan, learned
CGC for the respondent No. 1. Also heard Mr. A I Ali, learned Standing counsel, Election
Commission of India for the respondent No. 2; Ms. A Verma, learned Standing counsel,
Foreigners' Tribunal, Assam for the respondent Nos. 3 & 5; Ms. U Das, learned Government
Advocate, Assam for the respondent No. 4 as well as Ms. L Devi, learned Standing counsel,
NRC for the respondent No. 6.
Being aggrieved with the impugned opinion/ judgment & order dated 27.12.2019
passed in F.T. 2nd Case No. 823/2011 passed by the learned Member, Foreigners' Tribunal 2 nd,
Darrang, Mangaldai, Assam whereby she has been declared to be a foreigner under the
Foreigners' Act, 1946 who had illegally entered into the territory of India (Assam) on or after
25.03.1971, the petitioner has preferred this writ petition on 01.10.2022.
The petitioner has submitted that she has not yet been arrested and taken into custody
pursuant to the impugned opinion/ judgment & order dated 27.12.2019, noted above.
However, she is apprehending that she will be arrested and taken into custody and thereafter,
she will be deported from the territory of India.
Issue notice, returnable by 8 (eight) weeks.
Page No.# 3/4
The maintainability of this writ petition regarding delay in preferring this writ petition is
kept open and shall be considered at the time of its admission stage.
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 Ms. K Phukan, learned CGC, Mr. A I Ali, learned Standing counsel,
Election Commission of India, Ms. A Verma, learned Standing counsel, Foreigners' Tribunal,
Assam, Ms. U Das, learned Government Advocate, Assam as well as Ms. L Devi, learned
Standing counsel, NRC by 26.10.2022, obtaining necessary acknowledgements from them in
that regard.
Call for the records of F.T. 2nd Case No. 823/2011 from the office of the learned
Member, Foreigners' Tribunal 2nd, Darrang, Mangaldai, 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 & order dated 27.12.2019
passed by the learned Member, Foreigners' Tribunal 2 nd, Darrang, Mangaldai, Assam, noted
above, she shall appear before the Superintendent of Police (Border), Udalguri 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 her presence.
The Superintendent of Police (Border), Udalguri on her such appearance shall also take
necessary steps for capturing the fingerprints of both hands of the petitioner and biometrics
of the iris of her 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), Udalguri and without obtaining any prior written
permission from the said authority, the petitioner shall not leave the jurisdiction of said
Superintendent of Police (Border), Udalguri, Assam.
Page No.# 4/4
Until further order of the Court, the petitioner shall not be deported from the territory
of India pursuant to the impugned opinion/ judgment & order dated 27.12.2019, 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 files of the Tribunal.
This order be brought to the notice of the Registrar (Judicial).
Registry shall inform the Superintendent of Police (Border), Udalguri about this order
forthwith.
List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE
Comparing Assistant
