Gauhati High Court
Page No.# 1/5 vs Union Of India on 1 May, 2024
Author: M.R.Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010005102018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/326/2018
ALTAB HUSSAIN @ ATLAP BEPARI
S/O. ALMAS @ ALMAT BEPARI, RESIDENT OF VILL. BAHARI RESERVE, P.O.
BAHARIHAT, P.S. TARABARI, DIST. BARPETA, ASSAM.
2: MUSST. TARA BHANU
W/O. ALTAB HUSSAIN @ ALTAP BEPARI
RESIDENT OF VILL. BAHARI RESERVE
P.O. BAHARIHAT
P.S. TARABARI
DIST. BARPETA
ASSAM
VERSUS
UNION OF INDIA
REPRESENTED BY SECRETARY, FOREIGN AFFAIRS, NEW DELHI, INDIA.
2:ELECTION COMMISSION OF INDIA
REPRESENTED BY ELECTION OFFICER BARPETA
DIST. BARPETA
ASSAM.
3:NATIONAL REGISTER OF CITIZENS OF INDIA
REPRESENTED BY STATE COORDINATORS
4:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GHY-06.
5:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA
BARPETA
ASSAM.
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6:THE DEPUTY COMMISSIONER
BARPETA
DIST. BARPETA
ASSAM
Advocate for the Petitioner : MD. M H CHOUDHURY
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
01-05-2024
(M.R.Pathak, J)
Heard Mr. R. Baruah, learned counsel for the petitioners and Mr. A. I. Ali,
learned Standing Counsel, Election Commission of India for the respondent
No.2. Also heard Mr. J. Payeng, learned Standing Counsel, Home Department,
Assam for the respondent Nos. 4 and 5 as well as Mr. R. Talukdar, learned
Government Advocate, Assam for the respondent No. 6.
2) Notice in this case was issued on 29.01.2018.
3) Pursuant to the order dated 29.01.2018, the Registry has already received
the record of FT Case No. 48/2015 from the Foreigners Tribunal, Barpeta-7 th.
4) On Perusal of the records of said FT Case No. 48/2015, we have seen that
all along the enquiry as well as the reference was against the petitioner No.2
Tara Banu Begum, wife of Altab Bepari of village - Bahari Reserve under Police
Station Tarabari of District - Barpeta and accordingly the said F.T. Case No.
48/2015 was registered against the petitioner No.2.
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5) However, from the order sheets, we have seen that the Tribunal on
14.09.2017 wrongly incorporated the name of petitioner No.1 Altab Bepari,
though from the records of the case we did not find any such reference against
the petitioner No.1, as such, the proceeding against the petitioner No.1 as well
as the judgment and order dated 14.09.2017 passed against the petitioner No.1
Altab Bepari in said FT Case No. 48/2015 by the learned Foreigners Tribunal,
Assam Barpeta 7th is set aside and quashed.
6) Accordingly, the name of the petitioner No.1 be deleted from the cause title
of this case.
7) Mr. Baruah, learned counsel for the petitioner also submitted that the
petitioner No.1, Altab Bepari during pendency of this writ petition had expired.
8) Issue Rule, returnable by 6 (six) weeks.
9) As Mr. A. I. Ali, learned Standing Counsel, Election Commission of India; Mr.
J. Payeng, learned Standing Counsel, Home Department, Assam as well as Mr.
R. Talukdar, learned Government Advocate, Assam have accepted notice on
behalf of the respondent Nos. 2; 3 and 6; 5 respectively, no formal notice need
be issued to those respondents.
10) Petitioner shall serve requisite extra copies of this writ petition including
the Annexures appended thereto, to Mr. R. K. Dev Choudhury, learned Deputy
S.G.I. for the respondent No. 1; Mr. A. I. Ali, learned Standing Counsel, Election
Commission of India; Mr. J. Payeng, learned Standing Counsel, Home
Department, Assam as well as Mr. R. Talukdar, learned Government Advocate,
Assam by 06.05.2024, obtaining necessary written acknowledgments from them
in that regard.
11) The petitioner shall also take steps for service of notice on the respondent
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No. 3 by Registered post with A/D on or before 06.05.2024 providing its correct
and proper address with requisite postal stamps.
12) Since 29.01.2018, the petitioner No.2 is on interim protection and also on
interim bail.
13) Subject to compliance of the order dated 29.01.2018 passed earlier in the
present proceeding and subject to taking steps on the respondents as directed
above, the interim protection granted to the petitioner No. 2 shall remain in
force until further order of the Court.
14) The petitioner No.2 shall appear before the, Superintendent of Police
(Border), Barpeta on or before 22.05.2024 during the office hours along with
a certified copy of this order.
15) On her appearance before the Superintendent of Police (Border), Barpeta,
as directed above, the said authority shall obtain necessary information and
documentation as required under the Rules from the petitioner for securing her
presence.
16) Further, the Superintendent of Police (Border), Barpeta 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 the photographs of the
petitioner shall be obtained, where after, she shall be allowed to remain on bail.
17) It is also specified that without giving full details of the petitioner's present
address and/or destination including her mobile/phone number (contact
number) before the Superintendent of Police (Border), Barpeta and without
obtaining any prior written permission from the said authority, the petitioner
No.2 shall not leave the jurisdiction of said Superintendent of Police (Border),
Barpeta.
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18) 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.
19) Registry shall retain the relevant records that it has received from the
Foreigners Tribunal, Barpeta-7th, which was called for by the Court on
29.01.2018.
20) List this matter for hearing, on a date to be fixed by the Registry.
JUDGE JUDGE
Comparing Assistant
