Md. Sahabuddin v. The Union of India and 5 Ors

ORDER Date : 20.12.2024 (K.R. Surana, J) Heard Mr. P.J. Dutta, learned counsel for the applicant. Also heard Mr. B. Deka, learned CGC; Ms. N. Bedi, learned counsel appearing on behalf of Ms. P. Barua, learned standing counsel for the ECI; Mr. G. Sarma, learned standing counsel for the FT matters; and Mr. R. Talukdar, learned Govt. Advocate for the State respondent.

¶2By filing this interlocutory application, the applicant is seeking Page No.# 4/5 release/bail from the transit camp at Matia, Goalpara, where he is detained since 06.01.2024 pursuant to opinion dated 18.05.2018, passed by the learned Member, Foreigner's Tribunal No.3rd, Morigaon in Case No. F.T.(C) 194/2015, arising out of IM(D)T Case No. 350/2001. The applicant is the second proceedee in the said case.

¶3The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that it has taken a lot of effort for the Superintendent of Police (Border), Morigaon and district administration to apprehend the applicant. Accordingly, it is submitted that in the event the applicant is released on bail, there is every likelihood of absconding.

¶4Considering that the applicant has been taken into custody since

06.01.2024 and has suffered detention for about 11 (eleven) months, the Court is of the considered opinion that the applicant, namely, Md. Sahabuddin be released on bail subject to compliance of the following conditions: a. The family members of the applicant shall appear before the Superintendent of Police (Border), Morigaon and furnish bail bond of Rs.5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority. b. Before the releasing the applicant on bail, the Superintendent of Police (Border), Morigaon shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner. c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence. Page No.# 5/5

¶5Thereafter, steps shall be taken by the Superintendent of Police (Border), Morigaon to have the applicant released from the detention centre within 3 (three) working days from the date of receipt of certified copy of this order.

¶6As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of Superintendent of Police (Border), Morigaon without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Morigaon to move this Court for cancellation of bail.

¶7This interlocutory application stands allowed.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010269972024 ooooooo 2024:GAU-AS:13019 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3974/2024o MD.oSAHABUDDINo S/O-oOSMANoALI,o R/O-oVILLAGE-oKALMOBARIoNAMABASTI,o P.S-oMIKIRBHETA,oDIST-oMORIGAON,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oGOVToOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-01 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoDISTRICToELECTIONoOFFICER oMORIGAON oASSAM 4:THEoSUPERINTENDENToOFoPOLICEo(B) oMORIGAON oASSAM oPIN-782460 5:THEoDEPUTYoCOMMISSIONER oMORIGAON oASSAM oPIN-782460 Page No.# 2/5 6:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROAD. BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M Advocate for the Petitioner : MR B P BORAH, MR. A KHANDAKAR,MR P J DUTTA Advocate for the Respondent : DY.S.G.I., SC, F.T,GA, ASSAM,SC, ECI Linked Case : WP(C)/3425/2024 MD. SAHABUDDIN S/O- OSMAN ALI R/O- VILLAGE- KALMOBARI NAMABASTI P.S- MIKIRBHETA DIST- MORIGAON ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY MINISTRY OF HOME AFFAIRS GOVT OF INDIA SHASTRI BHAWAN NEW DELHI-01 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE ELECTION COMMISSION OF INDIA REP. BY THE DISTRICT ELECTION OFFICER Page No.# 3/5 MORIGAON ASSAM 4:THE SUPERINTENDENT OF POLICE (B) MORIGAON ASSAM PIN-782460 5:THE DEPUTY COMMISSIONER MORIGAON ASSAM PIN-782460 6:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROAD. BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) ------------ Advocate for : MR B P BORAH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND