Chetan Kumar Roy v. The Union of India and 5 Ors

ORDER

27.03.2023 (AM Bujor Barua, J)

Heard Mr. AA Dewan, learned counsel for the applicant. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as for the authorities under the NRC, Mr. T Pegu, learned counsel for the authorities under the Election Commission of India, Mr. G Sharma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Dhubri and Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Dhubri.

¶2In the order dated 16.03.2022 in WP(C)No.1821/2022, it was provided as extracted: "In that view of the matter, in the meantime, the petitioner, if not already arrested, may not be arrested. However, the petitioner shall appear before the Superintendent of Page No.# 4/5 Police(Border), Dhubri, within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the Rules from the petitioner for securing his presence. On such appearance, the petitioner shall furnish a bail bond of Rs. 5,000/-(Rupees Five Thousand) with one local surety of the like amount to the satisfaction of the said authority, whereafter, the petitioner shall be allowed to remain on bail. The concerned Superintendent of Police(Border) shall also take steps for capturing the finger prints of both hands and biometrics of the iris of the petitioner. The petitioner also shall not leave the jurisdiction of the Dhubri District without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police, Dhubri District, Assam."

¶3By the order dated 16.03.2022, there was a requirement for the writ petitioner to appear before the Superintendent of Police (Border) Dhubri within 15(fifteen) days from the date of the said order.

¶4This interlocutory application is filed on the premises that the petitioner failed to appear before the aforesaid authority within the stipulated 15(fifteen) days time and accordingly seeks for an extension of the time granted.

¶5In view of the above, we provide that the time for petitioner's appearance before the Superintendent of Police (Border) Dhubri is now extended by 30(thirty) days from today. The petitioner to appear before the Superintendent of Police (Border) Dhubri within 30(thirty) days from today and shall provide all necessary cooperation and further be subject to all the implications as may be applicable under the law on being so registered.

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¶6Interlocutory application stands allowed in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010011552023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/674/2023o CHETANoKUMARoROYo S/O-oLATEoSHYAMANANDAoROY,oWARDoNO.-o16,oBIDYAPARA,oPS-oDUBRI,o ASSAM,oPIN-o783324 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI,o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGHY-o781006 3:THEoDEPUTYoCOMMISSIONER oDHUBRI oDIST-oDHUBRI oASSAM oPIN-o783301 4:THEoSUPERINTENDENTo(BORDER) oDHUBRI oDIST-oDHUBRI oASSAM oPIN-783301 5:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI oPIN-o110001 Page No.# 2/5 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM PIN-78100 Advocate for the Petitioner : MR M K DAS Advocate for the Respondent : ASSTT.S.G.I. Linked Case : WP(C)/1821/2022 CHETAN KUMAR ROY S/O- LATE SHYAMANANDA ROY WARD NO.- 16 BIDYAPARA PS- DUBRI ASSAM PIN- 783324 VERSUS THE UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI 110001 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY- 781006 3:THE DEPUTY COMMISSIONER DHUBRI DIST- DHUBRI ASSAM PIN- 783301 4:THE SUPERINTENDENT (BORDER) DHUBRI DIST- DHUBRI ASSAM PIN-783301 Page No.# 3/5 5:THE ELECTION COMMISSION OF INDIA NEW DELHI PIN- 110001 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM PIN-781007 ------------ Advocate for : MR M K DAS Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN