Gauhati High Court
Rupchand Ali @ Sane Ali vs The Union Of India And 5 Ors on 25 November, 2024
Author: K.R. Surana
Bench: Kalyan Rai Surana, Manish Choudhury
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GAHC010201562024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5017/2024
RUPCHAND ALI @ SANE ALI
S/O- LATE AKKEL ALI MUNSHI @AKKEL ALI,
R/O- VILLAGE CHENGULIA,
MOUZA- DAMKA CHAKA BAUSHI,
P.S- BARPETA ROAD,
DIST- BARPETA, ASSAM, PIN-781315
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SASTRI
BHAWAN, NEW DELHI- 110001.
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI-110001
3:THE STATE OF ASSAM
REP. BY THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6
4:THE ASSAM STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M)
5:THE DEPUTY COMMISSIONER
BARPETA
ASSAM
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PIN-781301
6:THE SUPERINTENDENT OF POLICE (B)
BARPETA
ASSAM
PIN-78130
Advocate for the Petitioner : MR. S A AHMED, C S KAMTHONG,A. KHANAM,MR. F A
AHMED,MISS M GOGOI
Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
25.11.2024
(K.R. Surana, J)
Heard Mr. S. A. Ahmed, learned counsel for the petitioner. Also heard
Mr. J. Payeng, learned Standing Counsel, FT and Home Department, for
the respondent Nos. 3 and 6; Ms. S. T. Khan, learned counsel appearing
on behalf of Ms. P. Barua, learned Standing Counsel, Election Commission
of India, for the respondent No. and Mr. P. Sarmah, learned Additional
government advocate appearing for the respondent No.5.
2. There is no representation for the respondent No. 5.
3. By filing this writ petition under Article 226 of the Constitution of
India, the petitioner has assailed the impugned judgment dated
10.09.2021, passed by the learned Member, Foreigners Tribunal No.11 th,
Barpeta, Sorbhog, in Reference F.T. Case No. (Bpt/11 th) 1655/2017, arising
out of Reference vide IM (D)T Case No. 104/04, declaring the petitioner as
a foreigner who has entered India illegally after 25.03.1971.
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4. Issue notice returnable in 4 (four) weeks.
5. However, requisite extra copies of the writ petition be furnished to
the learned CGC, State and learned Departmental counsel for the
respondents in course of 2 (two) days.
6. Let the records of FT Case No. 1655/2017 be called for from the
Foreigners' Tribunal No.11th , Barpeta.
7. Subject to taking steps on the respondents as directed above, in
the interim, the petitioner, namely, Rupchand Ali @ Chand Ali, if has not
already been detained in custody, shall not be taken into custody and
deported from the territory of India, on condition that he shall appear
before the Superintendent of Police (Border), Barpeta within a period of
10 (ten) days and shall furnish a bail bond of Rs. 5,000/-(Five thousand
rupees only) with one local surety of the like amount to the satisfaction
of the said authority. 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,
whereafter, he shall be allowed to remain on bail.
8. On his 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 his presence.
9. It is made clear that if the petitioner does not appear before the
Superintendent of Police (Border), Barpeta and take bail within the
allowed time, the interim protection shall stand lapsed by afflux of time.
10. List after 4 (four) weeks and or/on receipt of the concerned
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records from the learned Tribunal.
JUDGE JUDGE
Comparing Assistant
