Musstt. Bhanu Begum @ Kanchan ... vs The Union Of India And 5 Ors
2022 Latest Caselaw 3351 Gua

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GAHC010172622022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/5746/2022

         MUSSTT. BHANU BEGUM @ KANCHAN BHANU @ KANSAN BHANU
         D/O- NAZI SEIKH @ NOJI SEIKH @NAZI SHAIK,
         W/O- TAJU ALI,
         R/O- VILL WARD NO-2, MANGALDAI TOWN,
         P.S- MANGALDAI,
         DIST- DARRANG, ASSAM

         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-
         110001.

         2:THE ELECTION COMMISSION OF INDIA
          NIRVACHAN SADAN
         ASHOKA ROAD
         NEW DELHI-110001

         3:THE STATE OF ASSAMV
          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


         5:THE DEPUTY COMMISSIONER
          DARRANG
         ASSAM

         6:THE SUPERINTENDENT OF POLICE (B)
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             DARRANG
             ASSA

Advocate for the Petitioner   : MR. A BURAGOHAIN

Advocate for the Respondent : ASSTT.S.G.I.




                                         BEFORE
           HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
             HON'BLE MRS. JUSTICE MITALI THAKURIA

                                             ORDER

05-09-2022 (M.R.Pathak, J)

Heard Mr. A. Buragohain, 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 and 6; Ms. L. Devi, learned Standing Counsel, NRC, for the respondent No.4 as well as Ms. U. Das, learned Government Advocate, Assam for the respondent No.5.

By the impugned opinion/judgment dated 21.08.2018, passed by the learned

Member, Foreigners' Tribunal, (1st), Mangaldai, Darrang, Assam in F.T. Case No.853/2007 (Reference Case No. F.T.6672/1998), the petitioner has been declared to be a foreigner/illegal migrant, who had illegally entered into the territory of India (Assam) on or after 25.03.1971.

Being aggrieved with the same, the petitioner has preferred this writ petition.

It is submitted by the petitioner that pursuant to the said impugned opinion dated 21.08.2018, noted above, she has been taken into custody on 21.08.2018 itself and since then, she has been languishing in the detention camp at Mangaldai Page No.# 3/5

Jail, District- Darrang, Assam.

Mr. Buragohain, learned counsel for the petitioner also submitted that as the petitioner belongs to a poor family and could not collect the requisite amount to pay her counsel engaged in the Foreigners Tribunal at Mangaldai and also could not collect sufficient amount to prefer this writ petition on earlier date, therefore, she could file this writ petition only on 01.09.2022.

Moreover, Mr. Buragohain, learned counsel submitted that due to Pandemic Covid-19 since March - 2020, there was some delay in preferring this writ petition.

The question of limitation in preferring this writ petition is kept open and shall be considered at its admission stage.

Issue notice returnable by 8 (eight) weeks.

As the learned Central Government Counsel and Standing Counsels of Election Commission of India, Foreigners' Tribunal, Assam, State Coordinator, NRC, Assam as well as the Government Advocate, Assam have accepted notices on behalf of the respondent No.1; 2; 3 & 6; 4 and 5 respectively, no formal notices need be issued to those respondents.

Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto to Ms. H. Teranpi, learned Central Government Counsel; 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 as well as to Ms. U. Das, learned Government Advocate, Assam by tomorrow, obtaining necessary acknowledgements from them in that regard.

Office to requisition the records of F.T. Case No.853/2007 (Reference Case No.

F.T.6672/1998) from the office of the learned Member, Foreigners' Tribunal, (1 st), Page No.# 4/5

Mangaldai, Darrang, Assam.

Until further order of the Court, the petitioner shall not be deported from the territory of India pursuant to the impugned opinion/judgment dated 21.08.2018, noted above.

The petitioner, who was taken into custody on 21.08.2018 i.e., on the date of the impugned opinion itself shall be released from custody in connection with said F.T. Case No.853/2007 (Reference Case No. F.T.6672/1998) on furnishing a bail bond of Rs.5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the Superintendent of Police (Border), Darrang.

On her such release, she shall appear before the Superintendent of Police (Border), Darrang, Assam on or before 20.09.2022 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. Thereafter, the petitioner shall be allowed to remain on bail.

On her appearance before the SP (Border), Darrang, the said authority shall 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), Darrang and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP (Border), Darrang.

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.

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This order be brought to the notice of the Registrar (Judicial).

Registry shall inform the Superintendent of Police (Border), Darrang, about this order forthwith for doing the needful.

Failure on the part of the petitioner to comply wit the directions after her release from detention, as specified above, the authorities concerned shall be at liberty to take necessary action in accordance with law.

List accordingly.

                             JUDGE                              JUDGE




Comparing Assistant