Fakar Uddin vs The Union Of India And 5 Ors
2022 Latest Caselaw 3933 Gua

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GAHC010202072022




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

                          Case No. : WP(C)/6501/2022

         FAKAR UDDIN
         S/O- ABDUL MOTIN, VILL- MOIRABARI (EAST), P.S. MOIRABARI, DIST.-
         MORIGAON, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
         AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1

         2:THE STATE OF ASSAM
          REP. BY THE COMM. AND SECY.
          HOME DEPTT.
          DISPUR
          GHY-06

         3:THE SUPERINTENDENT OF POLICE (B)
          MORIGAON
          P.O. MORIGAON
          DIST.- MORIGAON
         ASSAM
          PIN- 782001

         4:THE DY. COMMISSIONER
          MORIGAON
          P.O. MORIGAON
          DIST.- MORIGAON
         ASSAM
          PIN- 782001

         5:THE ELECTION COMMISSIONER OF INDIA
          NEW DELHI-1
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            6:THE STATE CO-ORDINATOR
             N.R.C.
            ASSAM
             BHANGAGARH
             GHY-

Advocate for the Petitioner   : MR. A R SIKDAR

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




                                   BEFORE
                   HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                             ORDER

29.09.2022 [N. Kotiswar Singh, J.]

Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. L. Devi,

learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. Solicitor

General of India, for the respondent No.1 as well as appearing as standing counsel, NRC, for

respondent No.6; Ms. A. Verma, learned special counsel, FT, appearing for respondent Nos.2

and 3; Mr. A.I. Ali, learned standing counsel, ECI, appearing for respondent No.5 and Ms. K.

Phukan, learned Junior Government Advocate, Assam, appearing for respondent No.4.

Issue notice, returnable within 4(four) weeks.

2. No formal steps are called for in respect of respondents, as they are duly represented.

However, extra copies of the petition be furnished to the learned counsel appearing for the

respondents.

3. Meanwhile, Registry will call for the records of Case No.M.F.T.(J) 2022/2173 in respect Page No.# 3/4

of Case No.F.T.(C) 181/2016 in connection with WP(C) No.5766/2017 from the Foreigners'

Tribunal-5th, Morigaon, Assam.

4. It has been submitted that the learned Tribunal without properly appreciating the

direction issued by this Court on 05.04.2022 passed in WP(C) No.5766/2017 passed the

impugned order dated 15.06.2022 by returning the reference in affirmative without

reconsidering the matter as directed by this Court.

5. This Court vide order dated 05.04.2022 in WP(C) No.5766/2017 had remanded the

matter to the Foreigners' Tribunal-5th, Morigaon for a fresh consideration by setting aside the

earlier opinion dated 25.07.2017 passed by the Foreigners' Tribunal-5 th, Morigaon, Assam, in

Case No.F.T.(C) 181/2016 (New Number) [F.T.(C) 2073/2012 (Old Number)] corresponding to

IM(D)T Case No.686/2004 dated 06.07.2004 after appreciation of all the evidence on record

as discussed in the said judgment and the petitioner was directed to appear before the

Tribunal and accordingly, the learned Tribunal will proceed with the matter. This Court also

directed that since the petitioner has already been granted bail by this Court on 18.09.2017,

he will continue to remain on bail on similar terms and conditions till the appropriate fresh

opinion is rendered by the Foreigners' Tribunal-5 th, Morigaon, Assam. However, learned

Tribunal rather than rehearing the matter and giving opinion afresh, has passed a peculiar

order by holding that the petitioner has not taken bail and the issue of bail also cannot be

considered by the Tribunal in as much as this Court has already granted bail vide order dated

05.04.2022.

6. We have gone through the impugned order dated 25.08.2022 passed by the learned

Foreigners' Tribunal-5th, Morigaon. We are of the prima facie view that the said impugned Page No.# 4/4

order dated 25.08.2022 is not passed in terms of the direction issued by this Court on

05.04.2022. Accordingly, the said impugned order will remain suspended until further order.

7. It goes without saying that as regards the apprehension of the petitioner that the

petitioner may be arrested, it is clarified that such apprehension is misplaced in view of our

order passed on 05.04.2022 that the petitioner will continue to remain on bail on similar

terms and conditions in terms of the earlier order passed on 18.09.2017.

                                            JUDGE                              JUDGE



Comparing Assistant