Gauhati High Court
Iddrish Ali vs The Union Of India And 5 Ors on 27 October, 2022
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GAHC010215082022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6782/2022
IDDRISH ALI
S/O LATE MOHAMMAD ALI, P/R/O VILL- PUTHIKHAITI, P.S.-RUPAHI, DIST-
NAGAON, ASSAM, PRESENT ADD- C/O MD. RIAZUDDIN ALI, VILL-
ABHYAPURIA, P.S.-NAMTI, DIST- SIVASAGAR, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF
INDIA, NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI
3:THE STATE OF ASSAM
REPRESENTED BY THE GOVERNMENT OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-06
4:THE ASSAM STATE CO-ORDINATOR OF NRC
BHANGAGARH
GUWAHATI-05
5:THE DEPUTY COMMISSIONER
SIVASAGAR
DIST- SIVASAGAR
ASSAM
PIN-785640
6:THE SUPERINTENDENT OF POLICE (B)
SIVASAGAR
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DIST- SIVASAGAR
ASSAM
PIN-78564
Advocate for the Petitioner : MR. S A AHMED
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
27-10-2022
(M.R.Pathak, J)
Heard Mr. S A Ahmed, learned counsel for the petitioner and Mr. S S Roy, learned
Assistant S.G.I. 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 & 6; Ms. L. Devi, learned
Standing counsel, NRC for the respondent No. 4 as well as Mr. N K 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 &
order dated 07.09.2022 passed in Case No. FT/SVR/615/2008 opined the petitioner 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 without any valid documents.
Being aggrieved with the said impugned opinion/judgment & order dated 07.09.2022,
the petitioner has filed this writ petition on 21.10.2022.
It is seen that pursuant to the impugned opinion/judgment & order dated 07.09.2022,
noted above, the petitioner has already been taken into custody and presently detained in the
detention camp at Central Jail, Jorhat, Assam.
Issue Rule, returnable by 8 (eight) weeks.
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Call for the record of Case No. FT/SVR/615/2008 from the office of the learned Member,
Foreigners' Tribunal, Jorhat, Assam.
As the learned Assistant S.G.I.; 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 Mr. S S Roy, learned Assistant S.G.I.; Mr. A. I. Ali, learned Standing
counsel, Election Commission of India; Ms. A Verma, learned Standing counsel, Foreigners'
Tribunal, Assam; Ms. L. Devi, learned Standing counsel, NRC as well as Mr. N K Das, learned
Government Advocate, Assam by 28.10.2022, obtaining necessary acknowledgements from
them in that regard.
The petitioner namely, Iddrish Ali, who is in the detention camp at Central Jail, Jorhat in
terms of the impugned opinion/judgment & order dated 07.09.2022 passed by the learned
Member, Foreigners' Tribunal, Jorhat, Assam in Case No. FT/SVR/615/2008, shall be released
immediately from the detention camp at Central Jail, Jorhat on furnishing a bail bond of Rs.
15,000/- to the satisfaction of the Superintendent of Police (Border), Sivasagar.
On his such release, 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
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India pursuant to the impugned opinion/judgment & order dated 07.09.2022, 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
