Gauhati High Court
Sabikul Fakir @ Safikul Fakir vs The Union Of India And 5 Ors on 5 September, 2022
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GAHC010176032022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5774/2022
SABIKUL FAKIR @ SAFIKUL FAKIR
S/O- SAIFUL FAKIR @ SAIFUL SK @ SAYFUL SEIKH @ SAPIKUL ISLAM @
MD. RAJAT FAKIR.
R/O- VILLAGE NORTH TOKRERCHARA PART-I, P.S- GOLAKGANJ, DIST-
DHUBRI, ASSAM,
PIN-783339
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, SASTRI BHAWAN, NEW DELHI- 110001.
2:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER 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 COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M)
5:THE DEPUTY COMMISSIONER
DHUBRI
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783301
6:THE SUPERINTENDENT OF POLICE (B)V
DHUBRI
783301
ASSA
Advocate for the Petitioner : MR A W AMAN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MITALI THAKURIA
05/09/2022
(M.R. Pathak, J)
Heard Ms. P Khatun, learned counsel appearing on behalf of Mr. A W Aman, learned counsel
for the petitioner and Ms. H Teranpi, learned Central Government Counsel 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 for the respondent Nos. 3 & 6; 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.
Being aggrieved with the impugned opinion/final order dated 12.09.2019 passed by the
learned Member, Foreigners' Tribunal, Dhubri 8 th, Dhubri, Assam in Case No. FT-8/111/GLJ/2018
arising out of S.P.(B) Dhubri I.M.(D)T. Case No. 22/1989, whereby the petitioner was declared to be a
foreigner under the Foreigners Act, 1946, who illegally entered into the territory of India (Assam) on
or after 25.03.1971, he has preferred this writ petition on 01.09.2022.
The contention of the petitioner is that earlier the Illegal Migrants' (Determination) Tribunal,
Dhubri in IM(D)T Case No. 900/D/92 (Reference Case No. 20/1989) by the judgment dated
19.05.2001 declared father of the petitioner, Md. Rajat Fakir, his mother and wife of said Rajat Fakir,
Ms. Fazli Bibi, daughter of Md. Taher Ali @ Taheruddin and their children are not the illegal migrants,
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who entered into the territory of India (Assam) from Bangladesh on or after 25.03.1971 as alleged in
the common reference case. It is also placed that by the judgment/opinion dated 04.10.2017, the
learned Member, Foreigners' Tribunal No. 5, Kamrup (Metro), Assam at Guwahati in F.T. Case No.
964/2016 (corresponding to Police Case No. 347/2010) declared petitioner's son, namely, Md. Najirul
@ Nazrul Fakir as an Indian citizen and not as a foreigner.
Issue notice, returnable by 8 (eight) weeks.
However, maintainability of this writ petition pertaining to delay in preferring this writ petition
is kept open and shall be considered at its admission stage considering the fact that the opinion was
of 12.09.2019 and the petitioner obtained the certified copy of the same on 11.10.2019 and further,
he has not made any specific averments regarding the delay in preferring the present writ petition.
As the learned CGC; learned Standing counsels and learned Government Advocate, Assam,
noted above, have accepted notice on behalf of the respondents, no formal notice need to be issued
to those respondents.
Petitioner shall serve requisite extra copies of this writ petition along with the Annexures
appended thereto to Ms. H Teranpi, learned CGC; Mr. A I Ali, learned Standing counsel, Election
Commission of India; Mr. G Sarma, learned Standing counsel, Foreigners' Tribunal; Ms. L Devi, learned
Standing counsel, NRC and Ms. U Das, learned Government Advocate, Assam by tomorrow, i.e.,
06.09.2022, obtaining necessary acknowledgment from them in that regard.
Registry shall call for the records of Case No. FT-8/111/GLJ/2018 arising out of S.P.(B) Dhubri
I.M.(D)T. Case No. 22/1989 from the office of learned Member, Foreigners' Tribunal, Dhubri 8th,
Dhubri, Assam forthwith.
Until further order of the Court, the petitioner shall not be deported from the territory of India
pursuant to the impugned opinion dated 12.09.2019.
As the petitioner has been declared to be a foreigner under the Foreigners Act, 1946, noted
above, he shall appear before the Superintendent of Police (Border), Dhubri on or before 20.09.2022,
if not already detained in custody pursuant to the impugned opinion order dated 12.09.2019, during
the office hours between 10:00 AM to 04:30 PM, who shall obtain necessary information and
documentation as required under the Rules from the petitioner for securing his appearance. On such
appearance, the petitioner shall furnish a bail bond of Rs.5,000/- with one local surety of like amount
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to the satisfaction of the said authority, thereafter, the petitioner shall be allowed to remain on bail.
On such appearance of the petitioner before the concerned Superintendent of Police (Border),
Dhubri as directed above, the said authority shall take steps for capturing the fingerprints of both
hands of the petitioner and biometrics of the iris of his both eyes.
However, 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) to the Superintendent of
Police (Border), Dhubri and without obtaining any prior written permission from the said authority, the
petitioner shall not leave the jurisdiction of the SP (Border), Dhubri.
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), Dhubri about this order forthwith.
Failure on the part of the petitioner to comply with the directions as specified above, the
authorities concerned shall be at liberty to take necessary action in accordance with law.
List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE
Comparing Assistant
