Jamal Uddin v. The Union of India and 5 Ors

PageoNo.#o1/3 GAHC010196652023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5094/2023o JAMALoUDDINo S/O-oSAMSULoHOQUE,o VILL-oPAKRIGURI,o P.S-oSALBARI,oDIST-oBAKSA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,oNEWoDELHI-o 110001. 2:THEoELECTIONoCOMMISSIONERoOFoINDIA oGOVT.oOFoINDIA oNEWoDELHI-110001 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENS oASSAM oBHANGAGARH oGUWAHATI-05 oDIST-oKAMRUPo(M) 5:THEoDISTRICToCOMMISSIONER oBAKSA oASSAM 6:THEoSUPERINTENDENToOFoPOLICEo(B) oBAKSA oASSAo Page No.# 2/3 Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : DY.S.G.I.

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR HON'BLE MRs. JUSTICE SUSMITA PHUKAN KHaUND

01.09.2023 O R D E R (Lanusungkum Jamir, J)

Heard Mr. H. Ali, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC as well as the learned Standing Counsel, NRC for respondent Nos.1 and 4; Mr. G. Sharma, learned Standing Counsel, FT for respondent Nos.3 and 6; Mr. A.I. Ali, learned Standing Counsel, ECI for respondent No.2 and Ms. R.B. Bora, learned Government Advocate, for respondent No.5.

¶2By this application, the petitioner is impugning the ex parte order dated

26.07.2023 passed by the Foreigners Tribunal, Baksa and Tamulpur in FT Case No.30/BAKSA/2022.

¶3It is the case of the petitioner that he is residing in Pakriguri under Baksa district. However, the notice which was deemed to be served by the Tribunal, was never received by him.

¶4A perusal of the impugned ex parte order dated 26.07.2023 would indicate that on several occasions notice was tried to be served on the petitioner, however, the same had returned unserved and, accordingly, the Process Server hanged the notice on a tree in front of the petitioner's house in the presence of the Gaonburah of the village.

¶5However, as the petitioner has approached this Court challenging the said order dated 26.07.2023, therefore, without entering into the merits, we dispose of this writ petition by remanding the matter back to the Foreigners Tribunal, Baksa and Tamulpur to try FT Case No.30/BAKSA/2022 afresh. Page No.# 3/3

¶6Accordingly, the order dated 26.07.2023 passed by the Foreigners Tribunal, Baksa and Tamulpur in FT Case No.30/BAKSA/2022 is set aside and quashed.

¶7It is submitted that the petitioner is presently in Detention Camp at Goalpara. Accordingly, it is directed that the petitioner, namely, Jamal Uddin, resident of Vill. Pakriguri, PS. Salbari, Dist. Baksa, who is in Goalpara Detention Camp in terms of the ex parte order dated 26.07.2023 passed by the Foreigners Tribunal, Baksa and Tamulpur in FT Case No.30/BAKSA/2022 shall be released immediately from the Detention Camp at Goalpara after furnishing a bail bond of Rs.5000/- with one surety of the like amount to the satisfaction of Superintendent of Police (B), Baksa.

¶8The petitioner shall appear before the Superintendent of Police (B), Baksa on or before 15.09.2023. The concerned Superintendent of Police (Border) shall also take steps for capturing the fingerprints and biometrics of the iris of the petitioner. The petitioner shall not leave the jurisdiction of Baksa district without giving details of the place of destination and his place of stay to the Superintendent of Police (Border), Baksa.

¶9On such release, the petitioner shall appear before the Foreigners Tribunal, Baksa and Tamulpur on 06.10.2023 and the Tribunal will proceed afresh to decide the claim of the petitioner that the petitioner is not a foreigner but a citizen of India in accordance with law.

¶10The writ petition is, accordingly, disposed of.

JUDGE JUDGE Comparing Assistant