Mulukjaan vs The Union Of India And 4 Ors
2024 Latest Caselaw 4070 Gua

Gauhati High Court

Mulukjaan vs The Union Of India And 4 Ors on 7 June, 2024

Author: M.R. Pathak

Bench: Manash Ranjan Pathak

                                                                          Page No.# 1/3

GAHC010154722018




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

                                 Case No. : WP(C)/4763/2018

            MULUKJAAN
            W/O- MD. SAMAR ALI, R/O- VILL- KUROKANI, P.S- TEZPUR, DIST-
            SONITPUR, ASSAM



            VERSUS

            THE UNION OF INDIA AND 4 ORS
            REP. BY THE MIN OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI- 01

            2:THE DEPUTY COMMISSIONER
             SONITPUR
             DIST- SONITPUR
            ASSAM

            3:THE SUPERINTENDENT OF POLICE(B)
             SONITPUR
            ASSAM

            4:THE ELECTION COMMISSION OF INDIA
             NEW DELHI- 01

            5:THE STATE COORDINATOR
             NRC
             BHANGAGARH
             GUWAHATI- 3

Advocate for the Petitioner   : MR H K DAS

Advocate for the Respondent : ASSTT.S.G.I.
                                                                                  Page No.# 2/3

                                               BEFORE
                      HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                       HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA
                                               O R D E R

07.06.2024 (M.R. Pathak, J)

Notice in this case was issued on 24.07.2018.

2. Registry has already received the relevant records of F.T.(D) Case

No.4588/2012 from the Foreigners' Tribunal (1 st), Sonitpur, Assam that was called for by order dated 24.07.2018. The same shall be retained by the Registry until further order of the Court.

3. The petitioner is already on interim protection since 24.07.2018.

4. Issue Rule.

5. List this matter for hearing on a date to be fixed by the Registry.

6. As by the impugned judgment dated 11.05.2018 passed in F.T.(D) Case

No.4588/2012, the learned Foreigners' Tribunal (1 st), Sonitpur, Assam declared the petitioner to be a foreigner under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25.03.1971, she shall appear before the Superintendent of Police (Border), Sonitpur at Tezpur on or before 27.06.2024 during the office hours along with a certified copy of this order 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.

7. On such appearance within the period indicated above, the Superintendent of Police (Border), Sonitpur at Tezpur shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photograph(s) of the petitioner, where after, she shall be allowed to remain Page No.# 3/3

on bail. Further, the Superintendent of Police (Border), Sonitpur at Tezpur shall also obtain necessary information and documentation as required under the Rules from the petitioner for securing her presence.

8. It is also made clear that without giving full details of the petitioner's present address and/or destination including the mobile/phone number (contact number) etc., before the Superintendent of Police (Border), Sonitpur and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border), Sonitpur.

9. Failure on the part of the petitioner to comply with the aforesaid directions, the bail granted to her shall stand automatically vacated and she shall be liable to be taken into custody.

10. List accordingly.

                      JUDGE                                                JUDGE



Comparing Assistant