Rahim Badsha Seikh vs The Union Of India And 5 Ors
2024 Latest Caselaw 4308 Gua

Gauhati High Court

Rahim Badsha Seikh vs The Union Of India And 5 Ors on 14 June, 2024

Author: M.R. Pathak

Bench: Manash Ranjan Pathak

                                                                 Page No.# 1/4

GAHC010264152018




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

                            Case No. : WP(C)/8689/2018

         RAHIM BADSHA SEIKH
         S/O LATE PIYAZUDDIN SEIKH
         R/O VILL- KALBARI
         MOUZA- DAMAKA CHAKA BAUSHI
         P.S. SORBHOG
         DIST. BARPETA, ASSAM



         VERSUS

         THE UNION OF INDIA AND 5 ORS.
         REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
         NEW DELHI.

         2:THE ELECTION COMMISSION OF INDIA

          NEW DELHI.

         3:THE STATE OF ASSAM

          REP. BY THE GOVT. OF ASSAM

         HOME DEPARTMENT
         DISPUR
         GUWAHATI -06.

         4:THE ASSAM STATE CO-ORDINATOR OF NRC

          BHANGAGARH
          GUWAHATI -05.

         5:THE DEPUTY COMMISSIONER
                                                                               Page No.# 2/4

                   BARPETA

                   DIST. BARPETA
                   ASSAM
                   PIN - 781319

                   6:THE SUPERINTENDENT OF POLICE (B)

                   BARPETA

                   DIST. BARPETA
                   ASSAM
                   PIN - 78131

Advocate for the Petitioner        : MR. S A AHMED

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

14.06.2024 (M.R. Pathak, J)

Heard Mr. S.A. Ahmed, learned counsel appearing for the petitioner and Mr. K.K. Parasar, 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 & 6 as well as Mr. H.K. Hazarika, learned Government Advocate, Assam for the respondent Nos.5.

2. Notice in this case was issued on 01.03.2019.

3. Registry has already received the relevant records of Case No.

(Bpt./11th)FT.1456/2017 from the Foreigners' Tribunal No.11th, Barpeta, Assam that was called for by order dated 01.03.2019. The same shall be Page No.# 3/4

retained by the Registry until further order of the Court.

4. The petitioner in on interim protection since 01.03.2019.

5. Issue Rule.

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

7. As by the impugned judgment dated 25.09.2018 passed in

(Bpt./11th)FT.1456/2017, the learned Foreigners' Tribunal-11 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 05.07.2024 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.

8. 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.

9. 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 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.

Page No.# 4/4

10. 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.

11. List accordingly.

             JUDGE                                               JUDGE



Comparing Assistant