Monowar Hussain @ Monir vs The Union Of India And 5 Ors
2023 Latest Caselaw 3990 Gua

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GAHC010206462023




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

                          Case No. : WP(C)/5675/2023

         MONOWAR HUSSAIN @ MONIR
         S/O LT. KURPAN ALI MIYA, R/O VILL- HALDIYA GAON, P.S.-KALGACHIA,
         DIST- BARPETA, ASSAM, PIN-781319



         VERSUS

         THE UNION OF INDIA AND 5 ORS
         REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF
         INDIA, NEW DELHI-110001

         2:THE ELECTION COMMISSION OF INDIA
          NEW DELHI-110001

         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
          DIST-BARPETA
         ASSAM
          PIN-781301

         6:THE SUPERINTENDENT OF POLICE (B)
          BARPETA
          DIST- BARPETA
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                  ASSAM
                  PIN-78130

Advocate for the Petitioner      : MR. S A AHMED

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


                                                BEFORE
                       HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                              HON'BLE MR. JUSTICE BUDI HABUNG


                                                 ORDER

27-09-2023 (M.R.Pathak, J)

Heard Mr. S. A. Ahmed, learned counsel for the petitioner and Ms. L. Devi, learned Central Government Counsel as well as Standing counsel, NRC for the respondent Nos. 1 & 4. Also heard Mr. A. I. Ali, learned Standing counsel, Election Commission of India for the respondent No. 2; Mr. G. Sarma, learned Standing counsel, Home Department of the State for the respondent Nos. 3 & 6 and Mr. P. Sarma, learned Government Advocate, Assam for the respondent No. 5.

2. By judgment dated 01.12.2022, the learned Member, Foreigners' Tribunal, No. 11, Barpeta,

Sorbhog in Case No. (Bpt/11th)F.T.1128/2017 arising out of IM(D)T Case No. 2032/C/98, opined that the petitioner/proceedee, i.e., Monowar Hussain @ Monir is a foreigner, who had illegally entered into the territory of India (Assam) on or after 25.03.1971.

3. Being aggrieved, the petitioner filed this writ petition on 22.09.2023.

4. Office to requisition the record of said Case No.(Bpt/11 th)F.T.1128/2017 arising out of IM(D)T Case No. 2032/C/98 from the office of the learned Member, Foreigners' Tribunal, No. 11, Barpeta, Sorbhog.

5. Registry shall list this matter for motion immediately on receipt of the record from the concerned Tribunal, as we propose to examine the same at the first instance.

6. A copy of the order requisitioning the case record and the Forwarding Letter by which the case Page No.# 3/3

record is sent to this Court be made part of the record file of the Tribunal.

7. As an interim measure, the petitioner, Monowar Hussain @ Monir, if has not already been arrested, shall not be taken into custody and deported from the territory of India, subject to the condition that he shall appear before the Superintendent of Police (Border), Barpeta on or before 13.10.2023 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. A direction is also made to the Superintendent of Police (Border), Barpeta that as and when the petitioner appears 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, whereafter he shall be allowed to remain on bail.

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

                                      JUDGE                                     JUDGE




Comparing Assistant