Gauhati High Court
Rahim Uddin Dewan @ Abdur Rahim ... vs Union Of India And 5 Ors on 9 September, 2022
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GAHC010090122018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2824/2018
RAHIM UDDIN DEWAN @ ABDUR RAHIM DEWAN
S/O- LT [email protected]@ [email protected] HABEJUDDIN DEWAN, R/O-
VILL- SALEKURA, P.S. BARPETA, DIST- BARPETA (ASSAM)
VERSUS
UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, SHASTRI BHAWAN, NEW DELHI-1
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE DY. COMMISSIONER
CHIRANG
P.O. AND DIST- CHIRANG (ASSAM)
4:THE SUPERINTENDENT OF POLICE (B)
CHIRANG
P.O. AND DIST- CHIRANG (ASSAM)
5:THE ELECTION COMMISSION OF INDIA
NEW DELHI
6:THE STATE COORDINATOR
NATIONAL REGISTRAR OF CITIZENS (NRC)
ASSA
Advocate for the Petitioner : MR. N HAQUE
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Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE MITALI THAKURIA
09/09/2022
(M.R. Pathak, J)
Heard Mr. R Das, learned counsel appearing on behalf of Mr. J Laskar, 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 for the respondent Nos. 2 & 4, Ms. U Das,
learned Government Advocate, Assam for the respondent No. 3, Mr. A I Ali, learned Standing counsel,
Election Commission of India for the respondent No. 5 and Ms. L Devi, learned Standing counsel, NRC
for the respondent No. 6.
Notice in this case was issued on 09.05.2018.
Pursuant to the order dated 09.05.2018, Registry has already received the relevant LCR from
the concerned Foreigners' Tribunal.
Matter be admitted for hearing.
Registry shall list this matter for hearing in its usual course.
As the petitioner has been declared to be a foreigner of post 25.03.1971 stream under the
Foreigners Act, 1946 by the impugned opinion/judgment dated 19.03.2018 passed by the learned
Member, Foreigners' Tribunal, Chirang in Case No. BNGN/FT(CHR)/1415/2010 arising out of P.E. No.
IM(D)T. 149/2002, he shall appear before the Superintendent of Police (Border), Chirang, Kajalgaon
on or before 23.09.2022 during the office hours between 10:00 AM to 04:30 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 his appearance.
On such appearance of the petitioner before the concerned Superintendent of Police (B),
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Chirang, Kajalgaon, 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.
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 (B),
Chirang, Kajalgaon and without obtaining any prior written permission from the said authority, the
petitioner shall not leave the jurisdiction of the Superintendent of Police (B), Chirang, Kajalgaon.
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 09.05.2018 in this proceeding.
Registry shall inform the Superintendent of Police (B), Chirang, Kajalgaon about this order
forthwith.
However, failure on the part of the petitioner to comply with the directions specified above,
the authorities concerned shall be at liberty to take necessary action in accordance with law.
Registry shall retain the relevant LCR.
List accordingly.
JUDGE JUDGE
Comparing Assistant
