Gauhati High Court
Ambiya Khatun @ Ambia Khatun vs The Union Of India And 5 Ors on 11 December, 2023
Author: M.R.Pathak
Bench: Manash Ranjan Pathak
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GAHC010276162023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7091/2023
AMBIYA KHATUN @ AMBIA KHATUN
W/O- BASER ALI, D/O- LT. DHANI MOLLA, R/O- VILLAGE- BANDAR
KHOWA, P.S. SORBHOG, MOUZA- DAMAKA CHAKA BAUSHI, DISTRICT-
BARPETA, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF
INDIA, NEW DELHI-01
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI-01
3:THE STATE OF ASSAM
REPRESENTED BY THE GOVERNMENT OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-06
4:THE ASSAM STATE CO-ORDINATOR OF NRC
BHANGAGARH
GUWAHATI-05
5:THE DEPUTY COMMISSIONER
BARPETA
DISTRICT- BARPETA
ASSAM
PIN- 781301
6:THE SUPRINTENDENT OF POLICE (B)
BARPETA
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DISTRICT- BARPETA
ASSAM
PIN- 78130
Advocate for the Petitioner : MR. S A AHMED
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
11-12-2023
(M.R.Pathak, J)
Heard Mr. S A Ahmed, learned counsel for the petitioner and Mr. U K Goswami, learned CGC
for the respondent No. 1. Also heard Mr. A I Ali, learned Standing counsel, Election Commission of
India for the respondent No. 2; Ms. A Verma, learned Standing counsel, Home Department,
Assam for the respondent Nos. 3 & 6 as well as Ms. W Sultana, learned Government Advocate,
Assam for the respondent No. 5.
2. On being referred by the Superintendent of Police (Border), Barpeta and after hearing the
petitioner, the learned Member, Foreigners' Tribunal, Barpeta 11 th, Assam in F.T. Case No.
(Bpt/11th) F.T. 2607/2017 (arising out of IM(D)T Case No. 10255/98) by the impugned judgment
dated 09.09.2022 declared the petitioner be a foreigner under the Foreigners' Act, 1946 who had
illegally entered into the territory of India (Assam) on or after 25.03.1971.
3. Aggrieved with the said impugned judgment dated 09.09.2022, noted above, the petitioner
has filed this writ petition on 06.12.2023.
4. Issue Notice, returnable by 8 (eight) weeks.
5. As Mr. U K Goswami, learned CGC; Mr. A I Ali, learned Standing counsel, Election Commission
of India; Ms. A Verma, learned Standing counsel, Home Department, Assam as well as Ms. W
Sultana, learned Government Advocate, Assam have accepted notices on behalf of the
respondent Nos. 2; 3, 6 and 5 respectively, no formal notice be issued to those respondents.
6. Petitioner shall serve requisite extra copies of this writ petition including the Annexures
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appended thereto, to Mr. U K Goswami, learned CGC; Mr. A I Ali, learned Standing counsel,
Election Commission of India; Ms. A Verma, learned Standing counsel, Home Department, Assam
as well as Ms. W Sultana, learned Government Advocate, Assam by 12.12.2023, obtaining
necessary acknowledgments from them in that regard.
7. Petitioner shall take step for service of notice upon the respondent No. 4 by Registered Post
with A/D by 12.12.2023, providing its correct and proper address with requisite postal stamp.
8. Call for the records of F.T. Case No. (Bpt/11 th) F.T. 2607/2017 from the Office of the learned
Member, Foreigners' Tribunal, Barpeta 11th, Assam.
9. A copy of this order requisitioning the case records and the forwarding letter by which the
case records of said F.T. Case No. (Bpt/11 th) F.T. 2607/2017 are sent to this Court be made part of
the record file of the Tribunal.
10. In the interim, the petitioner, namely, Ambiya Khatun @ Ambia Khatun, if not arrested
earlier, shall not be taken into custody and deported from the territory of India pursuant to the
impugned judgment dated 09.09.2022 passed by the learned Member, Foreigners' Tribunal,
Barpeta 11th in F.T. Case No. (Bpt/11th) F.T. 2607/2017, subject to the condition that she shall
appear before the Superintendent of Police (Border), Barpeta on or before 27.12.2023 during
the office hours and shall furnish a bail bond of Rs. 5,000/- with one local surety of like amount
to the satisfaction of the said authority.
11. On her appearance before the SP (Border), Barpeta, as directed above, the said authority
shall obtain necessary information and documentation as required under the Rules from the
petitioner, noted above, for securing her presence.
12. Further, the Superintendent of Police (Border), Barpeta 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 photographs of the petitioner shall be obtained, where after, she
shall be allowed to remain on bail.
13. It is made clear that without giving full details of the petitioner's new address and/or
destination before the Superintendent of Police (Border), Barpeta and without obtaining any prior
written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP
(Border), Barpeta, Assam.
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14. Failure on the part of the petitioner to comply with the aforesaid directions, the bail granted
to the petitioner shall stand automatically vacated and she shall be liable to be taken back into
custody.
15. This order be brought to the notice of the Registrar (Judicial) forthwith.
16. On the returnable date, the petitioner shall apprise the Court as to when she appeared
before the Superintendent of Police (Border), Barpeta, as directed above.
17. Registry shall list this matter for Admission, immediately on receipt of the relevant records
from the concerned Tribunal.
JUDGE JUDGE
Comparing Assistant
