Gauhati High Court
Abdul Kadir vs The Union Of India And 7 Ors on 6 September, 2022
Page No.# 1/3
GAHC010036322018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1131/2018
ABDUL KADIR
S/O- LATE KITAB ALI, R/O- VILL- JAMUNA PASCHIM MAUDANGA
KISHIPAM NIGAM, P.S- MURAJHAR, P.O- MURAJHAR, DIST- HOJAI, ASSAM,
PIN- 782439
VERSUS
THE UNION OF INDIA AND 7 ORS.
REP. BY THE SECRETARY, MIN OF HOME AFFAIRS, NEW DELHI-1
2:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTORAL OFFICER
ASSAM
DISPUR
GHY- 6
3:THE REGISTRAR GENERAL OF INDIA
REP. BY THE STATE CO-ORDINATOR
NRC
ASSAM
ULUBARI
GHY- 5
4:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY
HOME DEPTT.
DISPUR
GHY- 6
ASSAM
5:THE DEPUTY COMMISSIONER
HOJAI
DIST- HOJAIASSAM
PIN- 782442
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6:THE FOREIGNERS REGISTRATION OFFICER
DIST- HOJAI
ASSAMPIN- 78442
7:THE SUPERINTENDENT OF POLICE (B)
DIST- HOJAI
ASSAMPIN- 78442
8:THE OFFICER IN CHARGE
MURAJHAR P.S
DIST- HOJAI
ASSAM
PIN- 78243
Advocate for the Petitioner : MD I UDDIN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
06-09-2022
(M.R.Pathak, J)
Heard Mr. A. I. Uddin, learned counsel for the petitioner and Mr. K. K. Parasar, learned Central
Government Counsel for the respondent No. 1. Also heard Mr. A. Bhuyan, learned Standing counsel,
Election Commission of India for the respondent No. 2; Ms. L. Devi, learned Standing counsel, NRC for
the respondent No. 3, Mr. G. Sarma, learned Standing counsel, Foreigners' Tribunal, Assam for the
respondent Nos. 4, 6, 7 & 8 and Ms. U. Das, learned Government Advocate, Assam for the respondent
No. 5.
Notice in this case was issued on 05.03.2018.
Registry has already received the relevant LCR from the office of the learned Member,
Foreigners' Tribunal, Nagaon 7th at Lanka, erstwhile district Nagaon, presently Hojai.
The matter be admitted for hearing.
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Registry shall list this matter for hearing in its usual course.
As the petitioner has been declared to be a foreigner/illegal migrant of post 25.03.1971 stream
under the Foreigners Act, 1946 by the impugned judgment and order dated 31.10.2017 passed by the
learned Member, Foreigners' Tribunal, Nagaon 7 th at Lanka, erstwhile district Nagaon, presently Hojai
in F.T./L/Case No. 477/2016, he shall appear before the Superintendent of Police (Border), Hojai on or
before 21.09.2022 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 appearance of the petitioner before the concerned Superintendent of Police (Border), Hojai
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), Hojai and without obtaining any prior written permission from the said authority, the
petitioner shall not leave the jurisdiction of the SP (Border), Hojai.
Until further order of the Court, the petitioner shall not be deported from the territory of India
and he shall remain on interim bail granted to him earlier on 05.03.2018 in this proceeding subject to
compliance of the directions prescribed in the said order dated 05.03.2018 as well as the directions
passed today.
Registry shall inform the Superintendent of Police (Border), Hojai about this order forthwith.
From the relevant LCR, we have noticed that projected mother and projected uncle of the
petitioner deposed before the concerned Foreigners' Tribunal as DW-3 and DW-2 respectively.
Registry shall retain the relevant LCR.
List accordingly.
JUDGE JUDGE
Comparing Assistant
