Sima Roy@Seema Roy vs The Union Of India And 5 Ors
2023 Latest Caselaw 4864 Gua

Gauhati High Court

Sima Roy@Seema Roy vs The Union Of India And 5 Ors on 4 December, 2023

Author: M.R. Pathak

Bench: Manash Ranjan Pathak

                                                                  Page No.# 1/4

GAHC010025242023




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

                          Case No. : WP(C)/931/2023

         SIMA ROY@SEEMA ROY
         D/O- LT. MONORANJAN ADHIKARY, W/O- SRI MONGAL ROY @ NIRANJAN
         ROY, R/O- VILL- NO. 1 SAPKATI, UDALGURI, P.O. AND P.S. UDALGURI
         DIST.- UDALGURI, BTC, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REP. BY THE SECY. TO THE GOVT. OF INDIA, HOME DEPTT., NEW DELHI

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

         3:THE SUPERINTENDENT OF POLICE (B)
          UDALGURI
          P.O. AND P.S. UDALGURI
          DIST.- UDALGURI
          BTC
         ASSAM

         4:THE DY. COMMISSIONER
          UDALGURI
          P.O. AND P.S. UDALGURI
          DIST.- UDALGURI
          BTC
         ASSAM

         5:THE NATIONAL REGISTER OF CITIZENS (NRC)
          REP. BY THE CO-ORDINATOR
                                                                                          Page No.# 2/4

              ACHYUT PLAZA
              BHARALUPUR
              BHANGAGARH
              GHY-05
              ASSAM

              6:THE ELECTION COMMISSIONER OF INDIA
               REP. BY THE CHIEF ELECTION COMMISSIONER
               NEW DELHI
              ASHOKA ROAD
               PIN- 11000

Advocate for the Petitioner     : MR. S NATH

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

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MRS. JUSTICE MITALI THAKURIA 04/12/2023 (M.R. Pathak, J)

Heard Mr. S Nath, learned counsel for the petitioner.

2. No representation on behalf of the respondent No. 1, Union of India.

3. Also heard Mr. J Payeng, learned Standing counsel, Home Department, Assam for the respondent Nos. 2 & 3; Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 4 and Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 6.

4. By the impugned judgment and order/opinion dated 19.09.2022, the learned Member,

Foreigners' Tribunal, 1st, Udalguri in F.T. 2nd Case No. 17441/2012 (Ref. F.T. Case No. 174/1998) declared the petitioner to be a foreigner/illegal migrant under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25.03.1971.

5. Being aggrieved, the petitioner has filed this writ petition on 15.02.2023.

6. Before proceeding further, we propose to examine the relevant record of F.T. 2 nd Case No. Page No.# 3/4

17441/2012 (Ref. F.T. Case No. 174/1998).

7. Call for the record of F.T. 2 nd Case No. 17441/2012 (Ref. F.T. Case No. 174/1998) from the

office of the learned Member, Foreigners' Tribunal, 1 st, Udalguri.

8. A Copy of this order requisitioning the case record and the forwarding letter by which the case record is sent to this Court be made part of the record file of the Tribunal.

9. In the interim, the petitioner, namely, Smti. Sima Roy @ Seema Roy, if has not already been arrested, shall not be taken into custody and deported from the territory of India, subject to the condition that she shall appear before the Superintendent of Police (Border), Udalguri on or before 20.12.2023 during the office hours and shall furnish a bail bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the said authority.

10. On her appearance before the Superintendent of Police (Border), Udalguri, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing her presence.

11. Further, the Superintendent of Police (Border), Udalguri is directed that on appearance of the petitioner within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner shall be obtained, where after, she shall be allowed to remain on bail.

12. It is made clear that without giving full details of the petitioner's present address and/or destination before the Superintendent of Police (Border), Udalguri and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP (Border), Udalguri.

13. Failure on the part of the petitioner to comply with the aforesaid directions, the bail granted to her shall stand automatically vacated and she shall be liable to be taken back into custody.

14. This order be brought to the notice of the Registrar (Judicial) forthwith.

15. On the returnable date, the petitioner shall apprise the Court as to when she appeared before the Superintendent of Police (Border), Udalguri, as directed above.

16. Registry shall list this matter for Motion immediately on receipt of the relevant record from Page No.# 4/4

the concerned Tribunal, on a date to be fixed by it.

JUDGE JUDGE

Comparing Assistant