Gauhati High Court
Anar Hussain vs Union Of India And 7 Ors on 12 June, 2024
Author: M.R. Pathak
Bench: Manash Ranjan Pathak
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GAHC010169942018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5290/2018
ANAR HUSSAIN
S/O- ABDUL LATIF, R/O- VILL AND P.O- GOBARDHANA, P.S-
GOBARDHANA, DIST- BAKSA, BTAD, ASSAM, PIN- 781315
VERSUS
UNION OF INDIA AND 7 ORS.
TO BE REP. BY SECRETARY TO THE GOVT OF INDIA, HOME DEPTT,
NORTH BLOCK, NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001
3:THE STATE OF ASSAM
REP. BY COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
HOME DEPTT
DISPUR
GUWAHATI- 06
4:THE STATE COORDINATOR
NRC
ASSAM
BHANGAGARH
GUWAHATI- 05
5:ADDITIONAL DIRECTOR GENERAL OF POLICE(B)
ASSAM
BHANGAGARH
GUWAHATI- 05
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6:THE DEPUTY COMMISSIONER
BARPETA
DIST- BARPETA
ASSAM
PIN- 781301
7:THE SUPERINTENDENT OF POLICE(B)
BARPETA
ASSAM
PIN- 781301
8:THE MEMBER FOREIGNERS TRIBUNAL NO. 10TH
BARPETA AT BAJALI
PATHSALA
BARPETA
DIST- BARPETA
ASSAM
PIN- 78132
Advocate for the Petitioner : MR. N H MAZARBHUIYAN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MR. JUSTICE MRIDUL KUMAR KALITA
O R D E R
12.06.2024
(M.R. Pathak, J)
Heard Mr. N.H. Mazarbhuiyan, learned counsel appearing for the
petitioner and Mr. B. Sharma, learned C.G.C appearing for the Union of
India respondent No.1. Also heard Mr. H. Kuli, learned Standing Counsel,
Election Commission of India for the respondent No.2; Mr. G. Sharma,
learned Standing Counsel, Home Department, Assam for the respondent
Nos.3, 5 & 7 as well as Mr. P. Sharma, learned Additional Senior
Government Advocate, Assam for the respondent Nos.6.
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2. Notice in this case was issued on 09.08.2018.
3. Registry has already received the relevant records of F.T.9 th Case
No.143/2016 from the Foreigners' Tribunal 9th, Barpeta, Assam that was
called for by order dated 09.08.2018. The same shall be retained by the
Registry until further order of the Court.
4. Issue Rule.
5. List this matter for hearing on a date to be fixed by the Registry.
6. As by the impugned judgment and order dated 14.02.2018 passed in
F.T.9th Case No.143/2016, the learned Foreigners' Tribunal-9 th, Barpeta,
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, he shall appear before the Superintendent of Police (Border),
Barpeta on or before 02.07.2024 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), Barpeta shall obtain the biometrics of the
iris of both eyes, the fingerprints of both hands and the photograph(s) of the
petitioner, where after, he shall be allowed to remain on bail. Further, the
Superintendent of Police (Border), Barpeta shall also obtain necessary
information and documentation as required under the Rules from the
petitioner for securing his 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), Barpeta
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and without obtaining any prior written permission from the said authority,
the petitioner shall not leave the jurisdiction of said Superintendent of Police
(Border), Barpeta.
9. Failure on the part of the petitioner to comply with the aforesaid
directions, the bail granted to him shall stand automatically vacated and he
shall be liable to be taken into custody.
10. List accordingly.
JUDGE JUDGE
Comparing Assistant
