Gauhati High Court
Ahalya Rani Das vs The Union Of India And 5 Ors on 17 October, 2023
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GAHC010246462019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8551/2019
AHALYA RANI DAS
W/O- RAM CHANDRA DAS, VILL- KHELMA PART-II, P.S- KATIGORAH, DIST-
CACHAR, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
TO BE REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI- 110001
2:THE STATE OF ASSAM
TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF
ASSAM
HOME DEPTT
DISPUR
GUWAHATI- 06
3:THE DEPUTY COMMISSIONER
CACHAR
P.O AND P.S- SILCHAR
DIST- CACHAR
ASSAM
4:THE SUPERINTENDENT OF POLICE (B)
CACHAR
P.O AND P.S- SILCHAR
DIST- CACHAR
ASSAM
5:THE ELECTION COMMISSION OF INDIA
TO BE REP. BY THE DISTRICT ELECTION OFFICER
CACHAR
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P.O AND P.S- SILCHAR
DIST- CACHAR
ASSAM
6:THE STATE COORDINATOR
NRC
ACHYUT PLAZA
BHANGAGARH
GUWAHATI- 0
Advocate for the Petitioner : MR. M H LASKAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
17-10-2023
(M.R.Pathak, J)
Heard Mr. S Roy, learned counsel for the petitioner and Ms. L Devi, learned CGC as well as
Standing counsel, NRC, Assam for the respondent Nos. 1 & 6. Also heard Mr. G Sharma,
learned Standing counsel, Home Department, Assam for the respondent Nos. 2 & 4; Mr. P
Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 3 as
well as Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent
No. 5.
2. On being referred by the Superintendent of Police (Border), Cachar, Silchar, the learned
Member, Foreigners' Tribunal 4th, Cachar at Silchar in Case No. F.T. 4 th/D/177/2015 (I/Case
No. 13500/1998) by the impugned ex-parte judgment and order/opinion dated 18.07.2018
declared the petitioner to be a foreigner under the Foreigners Act, 1946, who had illegally
entered into the territory of India (Assam) from the specified territory on or after 25.03.1971.
3. Being aggrieved with the impugned ex-parte judgment and order/opinion dated
18.07.2018, noted above, the petitioner has filed this writ petition on 01.10.2019.
4. Issue Rule, returnable by 8 (eight) weeks.
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5. As Ms. L Devi, learned CGC as well as Standing counsel, NRC, Assam; Mr. G Sharma,
learned Standing counsel, Home Department, Assam; Mr. P Sharma, learned Additional Senior
Government Advocate, Assam and Mr. A I Ali, learned Standing counsel, Election Commission
of India have accepted notices on behalf of the respondent Nos. 1, 6; 2, 4 and 3 & 5
respectively, no formal notice be issued to those respondents.
6. Petitioner shall serve requisite extra copies of this writ petition including the Annexures
appended thereto, to Ms. L Devi, learned CGC as well as Standing counsel, NRC, Assam; Mr.
G Sharma, learned Standing counsel, Home Department, Assam; Mr. P Sharma, learned
Additional Senior Government Advocate, Assam and Mr. A I Ali, learned Standing counsel,
Election Commission of India by 19.10.2023, obtaining necessary acknowledgments from
them in that regard.
7. Office to requisition the records of Case No. F.T. 4 th/D/177/2015 (I/Case No.
13500/1998) from the office of the learned Member, Foreigners' Tribunal 4 th, Cachar, Silchar,
Assam.
8. A copy of this order requisitioning the case records and the forwarding letter by which
the case records of said Case No. F.T. 4 th/D/177/2015 (I/Case No. 13500/1998) are sent to
this Court be made part of the record file of the Tribunal.
9. In the interim, the petitioner, namely, Smt. Ahalya Rani Das, if not arrested earlier,
shall not be taken into custody and deported from the territory of India pursuant to the
impugned ex-parte judgment and order/opinion dated 18.07.2018 passed by the learned
Member, Foreigners' Tribunal 4th, Cachar at Silchar in Case No. F.T. 4 th/D/177/2015 (I/Case
No. 13500/1998), subject to the condition that she shall appear before the Superintendent of
Police (Border), Cachar, Silchar on or before 01.11.2023 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.
10. On her appearance before the SP (Border), Cachar, Silchar, 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.
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11. Further, the Superintendent of Police (Border), Cachar, Silchar 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.
12. It is made clear that without giving full details of the petitioner's new address and/or
destination before the Superintendent of Police (Border), Cachar, Silchar, Assam and without
obtaining any prior written permission from the said authority, the petitioner shall not leave
the jurisdiction of said SP (Border), Cachar, Silchar, Assam.
13. 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.
14. This order be brought to the notice of the Registrar (Judicial).
15. List accordingly.
JUDGE JUDGE
Comparing Assistant
