Md. Inul Haque @ Md. Ainul Haque vs The Union Of India And 5 Ors
2022 Latest Caselaw 3638 Gua

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GAHC010182692022




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

                          Case No. : WP(C)/5992/2022

         MD. INUL HAQUE @ MD. AINUL HAQUE
         S/O- MUGAL SEIKH @ MUGAL ALI,
         PERMANENT RESIDENT OF VILLAGE ROWTA BAGAN,
         P.S- RAWTA, DIST- UDALGURI, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE SECRETARY TO GOVT. OF INDIA,
         MINISTRY OF HOME AFFAIRS, 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
          DARRANG
          PIN-784127
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              6:THE SUPERINTENDENT OF POLICE (B)
               DARRANG
               PIN-78412

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

19/09/2022 (M.R. Pathak, J)

Heard Mr. J Abbas, learned counsel for the petitioner and Mr. U K Goswami, 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. J Payeng, 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.

It is submitted by the petitioner that though the learned Member, Foreigners' Tribunal (Second) Darrang, Mangaldai by his judgment & order dated 26.11.2010 passed in F.T. (2) Case No. 250/2009 as well as judgment & order dated 20.09.2010 passed in Case No. F.T.(2) 251/2009, in a proceeding under the IM(D)T Act, declared the parents of the petitioner to be Indian citizens, but the said Tribunal did not consider those aspects and by the impugned opinion dated 11.03.2022 passed in Case No. F.T.(2) 16465/2011 arising out of Ref. Case No. 412/2006 declared him to be a foreigner under the Foreigners Act, 1946 Act, who 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 impugned opinion dated 11.03.2022, noted above, he has not yet been taken into custody.

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Issue Rule, returnable by 8 (eight) weeks.

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 Mr. U K Goswami, learned CGC; Mr. A I Ali, learned Standing counsel, Election Commission of India; Mr. J Payeng, learned Standing counsel, Foreigners' Tribunal; Ms. L Devi, learned Standing counsel, NRC and Ms. U Das, learned Government Advocate, Assam by tomorrow, i.e., 20.09.2022, obtaining necessary acknowledgment from them in that regard.

Registry shall call for the records of Case No. F.T.(2) 16465/2011 from the office of the

learned Member, Foreigners' Tribunal 2nd, Darrang, Mangaldai forthwith.

As the petitioner has been declared to be a foreigner under the Foreigners Act, 1946 by the impugned opinion dated 11.03.2022, noted above, he shall appear before the Superintendent of Police (Border), Darrang, Mangaldai on or before 10.10.2022 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 such appearance, the petitioner shall furnish a bail bond of Rs.5,000/- with one local surety of like amount to the satisfaction of the said authority, thereafter, the petitioner shall be allowed to remain on bail.

On appearance of the petitioner before the concerned Superintendent of Police (Border), Darrang, Mangaldai 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.

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), Darrang, Mangaldai and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of the Superintendent of Police (Border), Darrang, Mangaldai.

Until further order of the Court, the petitioner shall not be deported from the territory of India pursuant to the impugned order dated 11.03.2022.

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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

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), Darrang, Mangaldai about this order forthwith.

List accordingly on a date to be fixed by the Registry.

                                                      JUDGE                            JUDGE




Comparing Assistant