Md. Abdul Malik @ Abdul Malik Khan v. The Union of India and Ors

ORDER

09.03.2023 (AM Bujor Barua, J) Page No.# 4/5

Heard Mr. S Nath, learned counsel for the applicant/petitioner. Also heard Ms. L Devi, learned CGC for the respondents in the Union of India as well as the authorities under the NRC, Mr. AI Ali, 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) Sivasagar, Superintendent of Police

(B) Jorhat and Superintendent of Police (B) Choraideo, and Ms. M Dutta, learned Government Advocate for the Deputy Commissioner, Jorhat.

¶2Being aggrieved by the opinion dated 30.09.2022 in Case No. New No.FT/CRD/755/10 of Foreigners Tribunal Jorhat, the petitioner had instituted WP(C)No.8058/2022 wherein by the order dated 16.12.2022 the Court had provided that if the petitioner has not yet been detained on the strength of the opinion dated 30.09.2022, he shall not be taken into custody and deported from India. The order also contains certain conditions as provided therein.

¶3This interlocutory application has been filed on the premises that although by the order dated 16.12.2022 in WP(C)No.8058/2022 it had been provided that the petitioner shall not be taken into custody and deported from India, but on facts, the petitioner had already been taken into custody on 30.09.2022. Being aggrieved, the petitioner by way of this interlocutory application prays for a direction to release him from custody. As an interim order had already been passed in favour of the petitioner requiring him to be not taken into custody, but on the contrary, the petitioner had already been taken into custody on

30.09.2022, we are of the view that the petitioner is also entitled to be released Page No.# 5/5 from custody.

¶4Accordingly, the petitioner shall be released on bail upon furnishing a bail bond of Rs.5,000/- (Rupees Five Thousand) only with one local surety of the like amount to the satisfaction of the Superintendant of Police (Border) Choraideo, whereafter the petitioner shall be allowed to remain on bail. The concerned Superintendent of Police (Border) Choraideo shall also take steps for capturing the fingerprints of both hands and biometrics of the iris of the petitioner.

¶5It is made clear that the petitioner shall not leave the jurisdiction of Choraideo district without giving details of the place of destination and his/her place of stay to the Superintendent of Police (Border) Choraideo including relevant contact/mobile number. It is further made clear that failure on the part of the petitioner to provide the relevant mobile/contact number will warrant recalling of this bail order.

¶6Interlocutory application stands allowed as indicated hereinabove.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010034692023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/610/2023o MD.oABDULoMALIKo@oABDULoMALIKoKHANo S/O-oLATEoABDULoSATTAR,o PERMANENToR/O-oPATHARKANDIoROAD,oKARIMGANJoTOWN,oP.O-o KARIMGANJ,oP.S-oKARIMGANJ,oDIST-KAMRUPo(M),oASSAM VERSUSo THEoUNIONoOFoINDIAoANDoORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oHOMEoDEPARTMENT,o NEWoDELHI 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoSUPERINTENDENToOFoPOLICE oSIVASAGAR oP.O oP.SoANDoDIST-oSIVASAGAR oASSAM 4:THEoSUPERINTENDENToOFoPOLICEo(B) oJORHAT oP.O oP.SoANDoDIST-oJORHAT oASSAM 5:THEoDEPUTYoCOMMISSIONER oJORHAT oP.O Page No.# 2/5 P.S AND DIST- JORHAT ASSAM 6:THE NATIONAL REGISTER OF CITIZENS REP. BY THE COORDINATOR ACHYUT PLAZA BHARALUPUR BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) ASSAM 7:THE ELECTION COMMISSIONER OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA ASHOKA ROAD NEW DELHI-11000 Advocate for the Petitioner : MR. S NATH Advocate for the Respondent : DY.S.G.I. Linked Case : WP(C)/8058/2022 MD. ABDUL MALIK @ ABDUL MALIK KHAN S/O- LATE ABDUL SATTAR PERMANENT R/O- PATHARKANDI ROAD KARIMGANJ TOWN P.O- KARIMGANJ P.S AND DIST- KARIMGANJ ASSAM VERSUS THE UNION OF INDIA AND 6 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 Page No.# 3/5 DISPUR GUWAHATI-6 3:THE SUPERINTENDENT OF POLICE P.O P.S AND DIST- SIVASAGAR ASSAM 4:THE SUPERINTENDENT OF POLICE (B) JORHAT P.O P.S AND DIST- JORHAT ASSAM 5:THE DEPUTY COMMISSIONER JORHAT P.O P.S AND DIST- JORHAT ASSAM 6:THE NATIONAL REGISTER OF CITIZENS REP. BY THE COORDINATOR ACHYUT PLAZA BHARALUPUR BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) ASSAM 7:THE ELECTION COMMISSIONER OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA ASHOKA ROAD NEW DELHI-110001 ------------ Advocate for : MR. S NATH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN