Gauhati High Court
Jalaluddin vs The Union Of India And 5 Ors on 27 January, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
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GAHC010200522018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6298/2018
JALALUDDIN
W/O SARIMUDDIN, R/O. VILL. CHAKRABASTI, P.O. BALABARI, P.S.
DALGAON, DIST. DARRANG, ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA,
HOME AFFAIRS DEPTT., NEW DELHI-01.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI 06.
3:THE ELECTION COMMISSION OF INDIA
NEW DELHI-01 INDIA.
4:THE STATE CO-ORDINATOR
NRC ASSAM.
5:THE DEPUTY COMMISSIONER
DARRANG
MANGALDOI
DIST. DARRANG
ASSAM.
6:THE SUPERINTENDENT OF POLICE (B)
DARRANG
DIST. DARRANG
ASSAM
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Advocate for the Petitioner : MR A ALI, MS K LAHKAR,MS. A MAHANTA,MS. M KHATUN
Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,MR J PAYENG,SC, NRC,MS. A VERMA,SC,
ECI,MR. D BARUAH
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 A Ali, learned counsel appearing for the petitioner and Mr Dhrupad Jyoti
Das, learned CGC, appearing on behalf of respondent No. 1. Also heard Ms A Verma,
learned Standing Counsel, Home and Political Department, for the respondent Nos. 2,
and 6, Mr H Kulie, learned Standing Counsel, Election Commission of India, for the
respondent No. 3, Mr G Sharma, learned Standing Counsel, NRC, for the respondent
No. 4 and Mr P Sharma, learned Additional Senior Government Advocate, Assam, for
the respondent No. 5.
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),
Darrang, Mangaldai, that was called for by order dated 14.09.2018.
4. Issue Rule.
5. As Mr Dhrupad Jyoti Das, learned CGC, Ms A Verma, Home and Political
Department, Mr H Kulie, learned Standing Counsel, Election Commission of India, Mr
G Sharma, learned Standing Counsel, NRC, and Mr P Sharma, learned Additional
Senior Government Advocate have accepted notice on behalf of respondent Nos. 1, 2, 6,
3, 4 and 5, no formal notice need to be issued to the respondents.
6. As by the impugned opinion/Judgment dated 08.06.2018, passed by the learned
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Member, Foreigners' Tribunal (5th), Darrang, Mangaldai, in FT (V) Case No.
2162/2016, the petitioner has been declared to be a foreigner under the Foreigners' Act,
1946, of post-25.03.1971 stream, he shall appear before the Superintendent of Police
(Border), Darrang, Mangaldoi, 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.
7. On his such appearance within the period indicated above, the Superintendent of
Police (Border), Darrang, Mangaldoi 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),
Darrang, Mangaldoi, shall also obtain necessary information and documentation as
required under the Rules from the petitioner for securing his presence.
8. It is also made clear that without giving full details of his present address and/or
destination, including his mobile/phone number (contact number) etc., before the
Superintendent of Police (Border), Darrang, Mangaldoi and without obtaining any prior
written permission from the said authority, the petitioner shall not leave the jurisdiction
of said SP (Border), Darrang, Mangaldoi.
9. Failure on the part of the petitioner to comply with any of the aforesaid directions,
the interim protection granted to him shall stand automatically vacated and he shall be
liable to be taken into custody.
10. Registry shall list this matter for hearing after 6 (six) weeks, on a date to be fixed
by it.
JUDGE JUDGE
Comparing Assistant
