Gauhati High Court
Nurul Hoque vs The Union Of India And 6 Ors on 27 October, 2022
Page No.# 1/4
GAHC010188792022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6324/2022
NURUL HOQUE
S/O- LATE ABDUL HASEN @ HASEN ALI,
R/O- BARJHAR BAGISA,
P.S- KALAIGAON,
DIST- UDALGURI, ASSAM, PIN-784525
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI- 110001.
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI-110001
3:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6
4:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M)
5:THE DEPUTY COMMISSIONER
UDALGURI ASSAM
PIN-784509
Page No.# 2/4
6:THE SUPERINTENDENT OF POLICE (B)
UDALGURI
BTR
ASSAM
PIN-784125
7:THE OFFICER IN CHARGE
KALAIGAON POLICE STATION
DIST-UDALGURI
ASSAM
PIN-78452
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
27-10-2022
(M.R.Pathak, J)
Heard Mr. M. U. Mahmud, 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; Mr. G. Sarma, learned Standing counsel, Foreigners' Tribunal,
Assam for the respondent Nos. 3, 6 & 7, Ms. L. Devi, learned Standing counsel, NRC for the
respondent No. 4 and Ms. K. Phukan, learned Government Advocate, Assam for the respondent No. 5.
By order dated 30.09.2022, this Court while issuing notice of motion to the respondents, called
for the record of F.T. Case No. 644/2007 arising out of reference Case No. F.T. 82/2007 from the office
of the learned Member, Foreigners' Tribunal 1 st, Mangaldai, Darrang, Assam wherein by the impugned
judgment & order/opinion dated 31.07.2018, the concerned Tribunal 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.
Page No.# 3/4
It is submitted by the petitioner that though he intended to file an additional affidavit before the
concerned Tribunal but the Tribunal prevented him from adducing additional affidavit during the said
proceeding pending before the authority concerned.
It is also submitted by the petitioner that pursuant to the impugned judgment & order/opinion
dated 31.07.2018, noted above, he has been taken into custody and presently detained in the
detention camp at Central Jail, Tezpur.
Office note dated 12.10.2022 reflects that the relevant record is yet to be received.
Registry shall issue reminder to the office of the learned Member, Foreigners' Tribunal 1 st,
Mangaldai, Darrang, Assam as well as the Deputy Commissioner, Udalguri, Assam and the
Superintendent of Police (Border), Udalguri for the relevant record as the copy of the affidavit filed
before the concerned Tribunal annexed to this petition reflects that the petitioner is a resident of
Barjhar Bagisha, P.S.-Kalaigaon, Mouza-Chapai in the district of Udalguri (Assam).
Considering the period of his detention in custody since 30.08.2022 in pursuance of the
impugned judgment & order/opinion dated 31.07.2018 passed in F.T. Case No. 644/2007, noted
above, we are of the view that the petitioner should be released from the detention camp at Central
Jail, Tezpur forthwith on furnishing of a bail bond of Rs. 15,000/- to the satisfaction of the
Superintendent of Police (Border), Udalguri. Thereafter, the petitioner shall appear before the
Superintendent of Police (Border), Udalguri 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), Udalguri, shall also take
necessary steps for capturing the fingerprints of both of his hands and also the biometrics of the iris
of his both eyes.
It is made clear that without giving his full details like present address and/or destination
including his 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 the Superintendent of Police (Border), Udalguri.
Until further order of the Court, the petitioner shall not be deported from the territory of India
pursuant to the impugned judgment & order/opinion dated 31.07.2018, noted above.
However, failure on the part of the petitioner to comply with the directions specified above, the
Page No.# 4/4
authority concerned shall be at liberty to take appropriate action in accordance with law.
Registry shall inform the Superintendent of Police (Border), Udalguri about this order forthwith.
List this matter on 30.11.2022.
JUDGE JUDGE
Comparing Assistant
