Gauhati High Court
Tara Bhanu Nessa @ Musst. Tarabanu vs The Union Of India And 6 Ors on 27 January, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010198432018
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6233/2018
TARA BHANU NESSA @ MUSST. TARABANU
D/O- IBRAHIM ALI @ ABRAHIM ALI, W/O- LT KERAMAT ALI, R/O- VILL-
BARBALUPARA (BORKANDA), P.S. MATIA, DIST- GOALPARA, ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS.
THROUGH THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
NEW DELHI- 110001
2:THE STATE OF ASSAM
THROUGH THE SECY.
GOVT. OF ASSAM
POLITICAL (B) GHY-6
3:THE DIRECTOR GENERAL OF POLICE
ASSAM ULUBARI GHY-7
4:THE SUPERINTENDENT OF POLICE (B)
GOALPARA, PO AND DIST- GOALPARA
PIN- 783101
5:THE DY. COMMISSIONER
GOALPARA, ASSAM PIN- 783101
6:THE ELECTION COMMISSION OF INDIA
THROUGH THE ELECTION COMMISSIONER OF INDIA
NIRVACHAN SADAN ASHOKA ROAD
NEW DELHI- 110001
7:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
BHANGAGARH, GHY-
Page No.# 2/3
Advocate for the Petitioner : MR. I H SAIKIA, MR. K KALITA,MR. M R CHOUDHURY
Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
27.01.2025
(Manash Ranjan Pathak, J.)
Heard Mr I H Saikia, learned counsel appearing for the petitioner and Ms A Verma,
learned Standing Counsel, Home and Political Department, for the respondent Nos. 2, 3
and 4. Also heard Mr P Sharma, learned Additional Senior Government Advocate, for
the respondent No. 5, Mr H Kulie, learned Standing Counsel, Election Commission of
India, for the respondent No. 6 and Mr G Sharma, learned Standing Counsel, NRC, for
the respondent No. 7.
2. Notice in this case was issued on 14.09.2018.
3. Registry has also received the relevant records from the Foreigners' Tribunal 5 th,
Mornoi, Goalpara, that was called for by order dated 14.09.2018.
4. Issue Rule.
5. As Ms A Verma, Home and Political Department, Mr P Sharma, learned Additional
Senior Government Advocate, Mr H Kulie, learned Standing Counsel, Election
Commission of India, and Mr G Sharma, learned Standing Counsel, NRC, have
accepted notice on behalf of respondent No.. for the respondent Nos. 2, 3, 4, 5, 6 and 7,
no formal notice need to be issued to the respondents.
6. As by the impugned opinion/Judgment dated 04.06.2018, passed in FT Case No.
FT/5/148/MA/2016 (FT Ref. Case No. 1271/07), by the learned Member, Foreigners'
Tribunal 5th, Goalpara, the petitioner has been declared to be a foreigner under the
Page No.# 3/3
Foreigners' Act, 1946, of post-25.03.1971 stream, she shall appear before the
Superintendent of Police (Border), Goalpara, on or before 14.02.2025, during the office
hours 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 her such appearance within the period indicated above, the Superintendent of
Police (Border), Goalpara shall obtain the biometrics of the iris of both eyes, the
fingerprints of both hands and the photograph(s) of the petitioner, where after, she shall
be allowed to remain on bail. Further, the Superintendent of Police (Border), Goalpara
shall also obtain necessary information and documentation as required under the Rules
from the petitioner for securing her presence.
9. It is also made clear that without giving full details of her present address and/or
destination, including her mobile/phone number (contact number) etc., before the
Superintendent of Police (Border), Goalpara and without obtaining any prior written
permission from the said authority, the petitioner shall not leave the jurisdiction of said
SP (Border), Goalpara.
10. Failure on the part of the petitioner to comply with any of the aforesaid directions,
the interim protection granted to her shall stand automatically vacated and she shall be
liable to be taken into custody.
11. Registry shall list this matter for hearing after 6 (six) weeks, on a date to be fixed
by it.
JUDGE JUDGE
Comparing Assistant
