Md Muktar Hussain @ Ali @ Md. Mukfar Hussain v. The Union of India and 6 Ors

ORDER Date : 08.11.2024 (K.R. Surana, J) Heard Ms. T. Begum, learned counsel for the applicant. Also heard Mr. S.P. Choudhury, learned CGC appearing for the respondent No.1; Mrs. A. Verma, learned Standing counsel, Home Department appearing for the respondents No. 2 and 4 and Mr. P. Sarma, learned Government Advocate appearing for the respondent No.3 and Ms. S.T. Khan, learned counsel appearing on behalf of Ms. P. Baruah, learned Standing counsel appearing for the respondent No.5. There is no representation on behalf of respondent No.6.

¶2By filing this Interlocutory Application, the applicant, who is the petitioner in the connected WP(C) 946/2024 has prayed for releasing him from detention at the detention camp in Goalpara, where he is lodged pursuant to opinion dated 25.08.2023, passed by the Member, Foreigners' Tribunal 11th Barpeta in F.T. Case No.904/2016 arising out of IM(D)T Case No.879/2000.

¶3Learned counsel for the applicant has submitted that the applicant has sufficient documents to prima facie show that he is not a foreigner and therefore, the learned counsel for the applicant prays for bail.

¶4Prayer for bail and release from detention is opposed by the learned Standing counsel, Home Department.

¶5Pursuant to the order dated 27.02.2024, records of the concerned case is Page No.# 3/3 received from the learned Foreigners' Tribunal.

¶6On perusal of the materials on record, the Court is of the considered opinion that the matter requires to be heard by examining the records. Accordingly, the Court is of the considered opinion that it would be appropriate to release the applicant namely Md. Muktar Hussain @ Ali @Md. Mukfar Hussain from detention.

¶7Accordingly, it is provided that on production of the certified copy of this order, the Superintendent of Police (Border), Barpeta shall do the needful to have the petitioner produced from the detention centre, Matia, Goalpara within 3 (three) working days from the date of furnishing of the certified copy of this order and if the petitioner submits a bail bond of Rs.5,000/- (Rupees Five Thousand only) with one surety of the like amount to the satisfaction of the Superintendent of Police (Border), Barpeta, he will be released on bail after recording the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner shall be obtained, whereafter, he shall be allowed to remain on bail.

¶8It is also provided that the petitioner shall not leave the jurisdiction of Superintendent of Police (Border), Barpeta without prior intimation in writing to the said authority.

¶9Interlocutory Application stands allowed and disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010187262024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2828/2024o MDoMUKTARoHUSSAINo@oALIo@oMD.oMUKFARoHUSSAINo S/O-oLATEoERSADoALIo@oASADoALI,o VILLAGEoPUBoCHENGULIA,o(NOWoSATBHINIRoTUP),o P.S-oSORBHOG,oDIST-oBARPETA,oPIN-781317 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oDEPARTMENToOFo HOME,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoHOME oDISPUR oGUWAHATI-6 3:THEoDISTRICToCOMMISSIONER oBARPETA oPIN-781301 4:THEoSUPERINTENDENToOFoPOLICEo(BORDER) oBARPETA oDIST-oBARPETA oPIN-781301 5:THEoELECTIONoCOMMISSION oGOVT.oOFoINDIA oNEWoDELHI-1 6:THEoSTATEoCOORDINATORoOFoNRC oASSAM oGUWAHATI-3o Page No.# 2/3 Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE KARDAK ETE