Gauhati High Court
Abdus Samad vs Union Of India And 8 Ors on 7 August, 2024
Bench: Kalyan Rai Surana, Soumitra Saikia
Page No.# 1/4
GAHC010151062024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(Crl.)/24/2024
ABDUS SAMAD
S/O- LATE ALIUR RAHMAN,
R/O- VILLAGE- MUKAMBARI,
P/S- JAYANTIA PAHAR,
DISTRICT- SYLHET, BANGLADESH.
( PRESENTLY LAUNCHING CAPTIVITY IN TRANSIT CAMP MATIA, ASSAM
SINCE 13/03/2024).
VERSUS
UNION OF INDIA AND 8 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS,
NDCC-II BUILDING, JOYSINGH ROAD,
NEAR JANTARA MANTARA,
NEW DELHI- 110001.
2:THE SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF EXTERNAL AFFAIRS
SOUTH BLOCK
SECRETARY BUILDING
RAISINA HILL
NEW DELHI- 110001.
3:THE STATE OF ASSAM
REPRESENTED BY COMMISSIONER AND SECRETARY OF THE GOVT. OF
ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI- 06.
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4:BANGLADESH ASSISTANT HIGH COMMISSION
REPRESENTED BY ADMINISTRATIVE OFFICER
GUWAHATI
GREEN VALLEY TOWER DOMINOS
OLD POST OFFICE LAND
MANIRAM DEWAN ROAD
NEAR SILPHUKHURI
GUWAHATI
ASSAM- 781003.
5:DIRECTOR GENERAL OF POLICE
DR. BK KAKATI ROAD
ULUBARI
GUWAHATI
ASSAM- 781008.
6:ADDITIONAL DIRECTOR GENERAL OF POLICE (BORDER)
GMC HOSPITAL ROAD
SRIMANTAPUR
BHANGAGARH
CHILARAI NAGAR
GUWAHATI
ASSAM- 781007.
7:SUPERINTENDENT OF POLICE (BORDER)
SANKARDEV NAGAR
PAM GAON
HOJAI
ASSAM- 782442.
8:SUPERINTENDENT OF TRANSIT CAMP MATIA
KRISHNAI
BUDUCHAR
DISTRICT- GOALPARA
ASSAM- 783125.
9:SUPERINTENDENT OF SPECIAL JAIL
HAIBARGOAN
FAUZDARIPATTY
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NAGAON
ASSAM- 782003
Advocate for the Petitioner : MR. P MAHANTA, V KHAKHALARY,C SARMA
Advocate for the Respondent : DY.S.G.I., GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
07.08.2024
[K.R. Surana, J]
Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. H.
Gupta, learned CGC for the respondent nos. 1 & 2 and Mr. H.K. Hazarika,
learned Government Advocate, Assam appearing for the respondent no. 3, 5, 6,
7, 8 and 9.
2] For the time being, the Court is prima facie of the opinion that the
respondent no.4, namely, Bangladesh Assistant High Commission would not be
subject to the jurisdiction of this Court. Accordingly, issuance of notice on the
respondent no.4 is deferred until further orders of this Court.
3] The petitioner claims that he was convicted under Section 14 (A) of the
Foreigners' Act, 1946 read with Section 12 (C) of the Passport Act, 1967. By
judgment and order dated 26.04.2023 passed by the learned Sessions Judge,
Hojai in Session (2) Case No.197(H) of 2021, arising out of G.R. Case
No.721/2021, corresponding to F.I.R. No. 22 dated 19.02.2021, it is projected
that the he was awarded a sentence of 3 (three) years. However, on 19.03.2024
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it is projected that the petitioner was released from the Special Jail, Nagaon and
he has been shifted and detained at the Transit Camp, Matia.
4] Accordingly, by filing this writ petition under Article 226 of the Constitution
of India, the petitioner prays for a direction to the respondent authorities to
deport the petitioner to his native place at Bangladesh.
5] This being a Habeas Corpus petition, the Court is inclined to issue notice,
returnable in 7 (seven) days. Requisite extra copies be served on learned CGC
and learned State Counsel during the course of the day.
6] The learned CGC as well as the learned State Counsel shall either file their
affidavits-in-opposition or have all the relevant instructions ready to place before
the Court on the next date fixed.
7] As the whereabouts of the petitioner is known and he has been detained
in the Transit Camp at Matia as he was found to be a foreigner who had entered
Assam illegally for which he has already served his sentences, on the next date
both sides will address this Court as to whether this writ petition should be
proceeded as Habeas Corpus petition or it should be converted into a regular
writ petition in view of the nature of relief framed in this writ petition.
8] Accordingly, list the matter on 16.08.2024.
JUDGE JUDGE
Comparing Assistant
