Gyan Nath @ Gyan Ranjan Debnath vs Union Of India And 6 Ors
2023 Latest Caselaw 4061 Gua

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GAHC010100372019




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

                          Case No. : WP(C)/3096/2019

         GYAN NATH @ GYAN RANJAN DEBNATH
         SON OF LATE NONI GOPAL DEBNATH, RESIDENT OF VILLAGE-
         MACHAKA, P.S.- LANKA, DISTRICT- NAGAON, ASSAM, PIN-



         VERSUS

         UNION OF INDIA AND 6 ORS.
         REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
         AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-1.

         2:STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-6.

         3:THE ELECTION COMMISSIONER
         ASSAM
          DISPUR
          GUWAHATI-6.

         4:THE STATE CO-ORDINATOR

          NATIONAL REGISTRATION OF CITIZEN (NRC)
          BHANGAGARH
          GUWAHATI-5.

         5:THE DEPUTY COMMISSIONER
          KARBI ANGLONG
          P.O.- KARBI ANGLONG
          DISTRICT- KARBI ANGLONG (ASSAM)
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             PIN- 781301.

            6:THE SUPERINTENDENT OF POLICE (B)
             DISTRICT- KARBI ANGLONG
             DIPHU
            ASSAM
             PIN- 781301.

            7:THE OFFICER-IN-CHARGE
             DIPHU POLICE STATION
             KARBI ANGLONG
             DISTRICT- KARBI ANGLONG
             PIN- 781301

Advocate for the Petitioner   : MS. J PAUL

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




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

                                             ORDER

29-09-2023

Heard Ms. J. Paul, learned counsel for the petitioner and Ms. L. Devi, learned Central Government Counsel, for the respondent Nos.1 and 4. Also heard Ms. A. Verma, learned Standing Counsel, Department of Home for the respondent Nos. 2, 6 and 7; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No.3 as well as Mr. P. Sarma, learned Government Advocate, Assam for the respondent No. 5.

2. By order/opinion dated 24.05.2016, the learned Member, Foreigners' Tribunal, Diphu, Karbi Anglong in Ref. F.T. Case No.675/2006 (C) (D) opined the petitioner/proceedee, namely, Sri Gyan Debnath @ Gyan Nath to be a foreigner, who illegally entered into the territory of India (Assam) on or after 25.03.1971.

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3. Issue notice, returnable by 8 (eight) weeks.

4. Office to requisition the records of Ref. F.T. Case No.675/2006 (C) (D), from the office of the learned Member, Foreigners' Tribunal, Diphu, Karbi Anglong.

5. Registry shall list this matter for motion immediately on receipt of the record from the concerned Tribunal.

6. A copy of this order requisitioning the case record and the forwarding letter by which the case records are sent to this Court be made part of the record file of the Tribunal.

7. Ms. J. Paul, learned counsel for the petitioner submits that the petitioner has not yet been detained in pursuance of the judgment dated 24.05.2016 passed by the learned Member, Foreigners' Tribunal, Diphu, Karbi Anglong in Ref. F.T. Case No.675/2006 (C) (D).

8. In the interim, the petitioner, namely, Sri Gyan Debnath @ Gyan Nath 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), Karbi Anglong on or before 16.10.2023 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.

9. On his appearance before the SP (Border), Karbi Anglong, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing his presence.

10. Further, the Superintendent of Police (Border), Karbi Anglong 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, the petitioner shall be allowed to remain on bail.

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

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

13. Maintainability of this writ petition is kept open as the petitioner filed this writ petition only on 08.05.2019, whereas, the impugned order/opinion was passed on 24.05.2016 and the Page No.# 4/4

petitioner did not explain the reasons for the delay in preferring the present writ petition.

14. List accordingly.

                                 JUDGE                                         JUDGE




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