Gauhati High Court
Page No.# 1/5 vs The Union Of India And 5 Ors on 8 May, 2024
Author: M.R.Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010024432017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3188/2017
AMELA KHATUN and 5 ORS.
W/O. LT. MANNAN MIYA.
2: MD. MUJIBUR RAHMAN
S/O. LT. MANNAN MIYA.
3: MUSSTT. RUSMA BEGUM
D/O. LT. MANNAN MIYA.
4: MUSSTT. KAMLA BEGUM
D/O. LT. MANNAN MIYA.
5: ASIA BEGUM
D/O. LT. MANNAN MIYA.
6: MD. JIABUR RAHMAN
S/O. LT. MANNAN MIYA
ALL ARE R/O. VILL.- CHANDANPUR
P.O. and P.S. DOBOKA
DIST. HOJAI
ASSAM
VERSUS
THE UNION OF INDIA and 5 ORS.
SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
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HOME DEPTT.
DISPUR
GUWAHATI-6.
3:THE FOREIGNERS TRIBUNAL
NAGAON COURT NO. 10 AT SANKARDEV NAGAR
DIST. HOJAI
ASSAM.
4:THE DY. COMMISSIONER
HOJAI
P.O. SANKARDEV NAGAR
DIST. HOJAI
ASSAM.
5:THE SUPERINTENDENT OF POLICEB
HOJAI
ASSAM.
6:THE OFFICER-IN-CHARGE
P.S. DOBOKA
DIST. HOJAI
ASSAM
Advocate for the Petitioner : MS.J MARIYAM
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
08-05-2024
(M.R.Pathak, J)
Heard Mr. A J Atia, learned counsel for the petitioners.
2. We are of the view that the respondent No. 3, the Foreigners Tribunal, Nagaon Court
No. 10th, Shankardev Nagar, District-Hojai is not a necessary party for adjudication of this
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case and accordingly, the said respondent No. 3 be deleted from the cause title of this writ
petition.
3. Registry shall accordingly do the needful and shall re-number the respondent Nos. 4, 5 &
4. Heard Mr. S Baruah, learned CGC for the respondent No. 1; Mr. J Payeng, learned
Standing counsel, Home Department, Assam for the respondent Nos. 2, 5 & 6 as well as Mr.
N Kalita, learned Government Advocate, Assam for the respondent No. 4.
5. In six different cases, the Superintendent of Police (Border), erstwhile Nagaon, presently
Hojai referred the matters to the Foreigners Tribunal to determine as to whether the
petitioners are foreigners or not under the provisions of the Foreigners Act, 1946 and the
Foreigners (Tribunal) Order, 1964.
6. By a common judgment and opinion dated 28.12.2016 passed in FT(D) Case No.
877/2016 and other 5 connected cases, the learned Foreigners Tribunal, Nagaon Court No.
10th, Shankardev Nagar, District-Hojai opined the petitioners to be foreigners under the
Foreigners Act, 1946 of post 25.03.1971 stream.
7. Notice in this case was issued on 31.05.2017.
8. Pursuant to the order dated 31.05.2017, Registry has already received the relevant
records.
9. Issue Rule, returnable by 6 (six) weeks.
10. As Mr. S Baruah, learned CGC; Mr. J Payeng, learned Standing counsel, Home
Department, Assam as well as Mr. N Kalita, learned Government Advocate, Assam have
accepted notice on behalf of the respondent Nos. 1; 2, 5 & 6 and 4 respectively, no formal
notice need be issued to those respondents.
11. Petitioners shall serve requisite extra copies of this writ petition including the Annexures
appended thereto, to Mr. S Baruah, learned CGC; Mr. J Payeng, learned Standing counsel,
Home Department, Assam as well as Mr. N Kalita, learned Government Advocate, Assam by
13.05.2024, obtaining necessary written acknowledgments from them in that regard.
12. Since 31.05.2017, the petitioners are on interim protection and also on interim bail.
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13. Subject to compliance of the order dated 31.05.2017 passed earlier in the present
proceeding and subject to taking steps on the respondents as directed above, the interim
protection granted to the petitioners shall remain in force until further order of the Court.
14. The petitioners shall appear before the Superintendent of Police (Border), Hojai on or
before 30.05.2024, during the office hours along with a certified copy of this order.
15. On their appearance before the Superintendent of Police (Border), Hojai, as directed above,
the said authority shall obtain necessary information and documentation as required under the
Rules from the petitioners for securing their presence.
16. The Superintendent of Police (Border), Hojai, is further directed that on their such
appearance within the period indicated above, the biometrics of the iris of both eyes, the
fingerprints of both hands and the photograph(s) of the petitioners shall be obtained, where after,
they shall be allowed to remain on bail.
17. It is also made clear that without giving full details of their present addresses and/or
destinations, including their mobile/phone numbers (contact numbers), before the Superintendent
of Police (Border), Hojai and without obtaining any prior written permission from the said
authority, the petitioners shall not leave the jurisdiction of said SP (B), Hojai.
18. Failure on the part of the petitioners to comply with any of the aforesaid directions, the bail
granted to them shall stand automatically vacated and they shall be liable to be taken into
custody.
19. Registry shall retain the relevant records that it has received from the Foreigners Tribunal,
Nagaon Court No. 10th, Shankardev Nagar, District-Hojai.
20. Registry shall list this matter for hearing on a date to be fixed by it, after the returnable
date.
JUDGE JUDGE
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Comparing Assistant
