Hazera Khatun vs The Union Of India And 5 Ors
2022 Latest Caselaw 3457 Gua

                                                                 Page No.# 1/4

GAHC010112102018




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

                          Case No. : WP(C)/3686/2018

         HAZERA KHATUN
         D/O ABDUL RASHID ,
         W/O MD NOOR MAHAMMAD ,RESIDENT OF MODERTOLI, JAMUNAMUKH
         P.O.AND P.S. DOBOKA, DIST. HOJAI ,ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA
         ,MINISTRY OF HOME AFFAIRS CENTRAL SECRETARIAT , P.O. NEW DELHI ,
         110001

         2:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM
         HOME DEPARTMENT
         ASSAM SACHIVALAYA
         DISPUR
         GUWAHATI -6

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

         4:THE OFFICE OF THE STATE COORDINATOR OF NRC
         ASSAM 1ST FLOOR
         ACHYUT PLAZA
          G.S. ROAD BHANGAGARH
          GUWAHATI 781005
         KAMRUP (M)
         ASSAM
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              5:THE DEPUTY COMMSSIONER
               NAGAON P.O.
              P.S. AND DIST. NAGAON
              ASSAM PIN. 782001

              6:THE SUPERINTENDANT OF POLICE (B)
               NAGAON
               P.O.
              P.S. AND DIST. NAGAON
              ASSAM PIN.78200

Advocate for the Petitioner    : MR. R PHUKAN

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




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


                                              ORDER

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

Heard Mr. R. Phukan, learned counsel for the petitioner and Mr. K. Gogoi, learned Central Government Counsel for the respondent No. 1. Also heard Mr. G. Sarma, learned Standing counsel, Foreigners' Tribunal, Assam for the respondent Nos. 2 & 6; Mr. A. I. Ali, learned Standing counsel, Election Commission of India for the respondent No. 3, 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.

It is to be noted herein that Doboka was earlier a part of District-Nagaon and presently in the District of Hojai and the Sub-Divisions of Doboka, Lanka and Hojai were carved out of erstwhile District-Nagaon and formed a new District-Hojai.

As such, the Deputy Commissioner, Nagaon, respondent No. 5 and the Superintendent of Police (Border), Nagaon, respondent No. 6 be substituted as the Deputy Commissioner, Hojai, Sankardev Page No.# 3/4

Nagar, respondent No. 5 and the Superintendent of Police (Border), District- Hojai, Sankardev Nagar, respondent No. 6 in the cause title of this petition.

Registry shall accordingly do the needful.

Notice in this case was issued on 12.06.2018.

Pursuant to the order dated 12.06.2018, Registry has already received the relevant LCR from the concerned Foreigners' Tribunal.

The matter be admitted for hearing.

Registry shall list this matter for hearing in its usual course.

Since by the impugned opinion/order/judgment dated 30.08.2016, the learned Member,

Foreigners' Tribunal, Nagaon No. 10th at Doboka passed in FT(D) Case No. 34/2015 declared the petitioner to be a foreigner under the Foreigners Act, 1946, who illegally entered into the territory of India (Assam) on or after 25.03.1971, she shall appear before the Superintendent of Police (Border) Hojai on or before 23.09.2022 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 her appearance.

On such 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 her both eyes.

It is made clear that without giving full details of the petitioner's present address and/or destination including her 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.

Registry shall inform the Superintendent of Police (Border), Hojai, about this order forthwith.

Until further order of the Court, the petitioner shall remain on bail granted to her earlier on 12.06.2018 and she shall not be deported from the territory of India in pursuance of the impugned order dated 12.06.2018, noted above.

However, failure on the part of the petitioner to comply with the directions as specified above, the authority concerned shall be at liberty to take appropriate action in accordance with law.

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Registry shall retain the relevant LCR.

List accordingly.

                 JUDGE                         JUDGE




Comparing Assistant