Gauhati High Court
Moinul Hoque Choudhury @ Moinul ... vs The Union Of India 5 Ors on 26 October, 2022
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GAHC010204712022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6627/2022
MOINUL HOQUE CHOUDHURY @ MOINUL HOQUE
S/O- LT. ABDUL NOOR CHOUDHURY VILL- MIKIR PARA, P.S. DOBOKA,
DIST.- NAGAON, ASSAM
VERSUS
THE UNION OF INDIA 5 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI- 110001
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE ELECTION COMMISSION OF INDIA
NEW DELHI- 110001
4:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS ASSAM
GHY-05
5:THE DY. COMMISSIONER
SIVSAGAR
DIST.- SIVSAGAR
6:THE SUPERINTENDENT OF POLICE (B)
SIVSAGAR
DIST.- SIVSAGA
Advocate for the Petitioner : MR H R A CHOUDHURY
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Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
26-10-2022
(M.R.Pathak, J)
Heard Mr. H. Ali, learned counsel for the petitioner and Ms. A. Gayan, learned Central
Government Counsel for the respondent No.1. Also heard Mr. G. Sarma, learned Standing counsel,
Foreigners' Tribunal, Assam for the respondent Nos. 2 & 6; Mr. A. I. Ali, learned Standing counsel,
Election Commission of India for the respondent No. 3, Ms. L. Devi, learned Standing counsel, NRC for
the respondent No. 4 and Ms. U. Das, learned Government Advocate, Assam for the respondent No. 5.
On a reference being made by the Superintendent of Police (Border), Sivasagar, the learned
Member, Foreigners' Tribunal, Jorhat, Assam by its impugned opinion/judgment and order dated
24.08.2022 passed in Case No. FT/SVR/1879 /2004 opined that the petitioner is a foreigner under the
Foreigners Act, 1946 who had illegally entered into the territory of India (Assam) on or after
25.03.1971 without any valid documents.
In his said impugned opinion/judgment & order dated 24.08.2022, noted above, the learned
Member, Foreigners' Tribunal, Jorhat also observed that so long the deportation process of the
petitioner is not completed, he shall be kept at Detention/Transit camp at Jorhat.
Being aggrieved with the said impugned opinion/judgment & order dated 24.08.2022, the
petitioner has filed this writ petition on 29.09.2022.
It is submitted by the petitioner that pursuant to the impugned opinion/judgment & order dated
24.08.2022, he was taken into custody on 24.08.2022 itself and since then he is detained in the
detention camp at Jorhat.
It is also submitted by the petitioner that in pursuance of the impugned opinion/judgment &
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order dated 24.08.2022, noted above, the respondent authorities are contemplating to deport him
from the territory of India.
Issue notice, returnable by 8 (eight) weeks.
Call for the record of Case No. FT/SVR/1879 /2004 from the office of the learned Member,
Foreigners' Tribunal, Jorhat.
As the learned CGC; learned Standing Counsels and learned Government Advocate, Assam,
named above, have accepted the notices on behalf of the respondents, no formal notice need to be
issued to them.
Petitioner shall serve requisite extra copies of this writ petition including the Annexures
appended thereto to Ms. A. Gayan, learned CGC; Mr. G. Sarma, learned Standing counsel, Foreigners'
Tribunal, Assam; Mr. A. I. Ali, learned Standing counsel, Election Commission of India, Ms. L. Devi,
learned Standing counsel, NRC and Ms. U. Das, learned Government Advocate, Assam by 28.10.2022,
obtaining necessary acknowledgements from them in that regard.
The petitioner namely, Moinul Hoque Choudhury @ Moinul Hoque, resident of Village- Mikir
Para, P.S.-Doboka, District-Nagaon, who is in the detention camp at Jorhat in terms of the impugned
opinion/judgment & order dated 24.08.2022 passed by the learned Member, Foreigners' Tribunal,
Jorhat in Case No. FT/SVR/1879 /2004, shall be released immediately from the detention camp at
Jorhat on furnishing a bail bond of Rs. 15,000/- with a further direction that to the satisfaction of the
Superintendent of Police (Border), Sivasagar, the petitioner shall appear before the Superintendent of
Police (Border), Sivasagar on or before 21.11.2022 during the office hours between 10:30am to
04:30pm, who shall obtain necessary information and documentation as required under the rules from
the petitioner for securing his appearance.
On his such appearance, the Superintendent of Police (Border), Sivasagar, 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 his mobile/phone number (contact number) etc., before the Superintendent of
Police (Border), Sivasagar and without obtaining any prior written permission from the said authority,
the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border), Sivasagar.
Until further order of the Court, the petitioner shall not be deported from the territory of India
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pursuant to the impugned opinion/judgment & order dated 24.08.2022, 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), Sivasagar about this order
forthwith.
List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE
Comparing Assistant
