Mahammad Ali v. The Union of India and 6 Ors

ORDER 06-10-2023 (M.R.Pathak, J) Heard Ms. D.Ghosh, learned counsel for the applicant and Ms. L. Devi, learned Central Government Counsel as well as Standing counsel, NRC for the opposite party Nos. 1 & 4. Also heard Mr. G. Sarma, learned Standing counsel, Home Department of the State for the opposite party Nos. 2, 6 & 7; Mr. A. I. Ali, learned Standing counsel, Election Commission of India for the opposite party No. Page No.# 3/4 3 and Mr. H. K. Hazarika, learned Government Advocate, Assam for the opposite party No. 5.

¶2The applicant herein as a writ petitioner preferred the connected WP(C) No. 3861/2023 against the impugned order dated 31.03.2023 whereby the learned Member, Foreigners' Tribunal, Bajali, Assam in F.T. Case No. 817/2017 opined him to be a foreigner under the Foreigners Act, 1946 who had illegally entered into the territory of India (Assam) on or after 25.03.1971 without any valid document.

¶3While considering the said WP(C) No. 3861/2023 at the motion stage, the Court by order dated

04.08.2023 while issuing notice to the respondents in said WP(C) No. 3861/2023 directed its petitioner, i.e., the present applicant to appear before the Superintendent of Police (Border), Barpeta within a period of 15 (fifteen) days from the date of the said order dated 04.08.2023 and to furnish a bail bond of Rs. 5,000/- with one local surety of the like amount to the satisfaction of the said authority, i.e., the Superintendent of Police (Border), Barpeta.

¶4By this interlocutory application, the applicant/writ petitioner of said WP(C) No. 3861/2023 has prayed before the Court for extension of the time for his appearance before the Superintendent of Police (Border), Barpeta in terms of the order dated 04.08.2023 passed by the Court in said WP(C) No. 3861/2023 as he could not manage a bailor during the period of 15 (fifteen) days from the said order dated 04.08.2023.

¶5As the applicant/writ petitioner of said WP(C) No. 3861/2023 has now managed a bailor, he has filed this interlocutory application on 15.09.2023 praying for extension of the time period for his appearance as directed by the Court earlier on 04.08.2023 in said WP(C) No. 3861/2023.

¶6Ms. L. Devi, learned CGC as well as Standing counsel, NRC; Mr. G. Sarma, learned Standing counsel, Home Department of the State; Mr. A. I. Ali, learned Standing counsel, Election Commission of India and Mr. H. K. Hazarika, learned Government Advocate, Assam, have no objection in granting further time to the applicant/writ petitioner of said WP(C) No. 3861/2023 for his appearance before the Superintendent of Police (Border), Barpeta as directed by the Court earlier on 04.08.2023, as noted above.

¶7After hearing the learned counsels for the parties and considering the entire aspects of the matter, the applicant/writ petitioner of said WP(C) No. 3861/2023, namely, Mahammad Ali, son of late Amir Uddin, is directed to appear before the Superintendent of Police (Border), Barpeta on or Page No.# 4/4 before 18.10.2023 for necessary compliance of the order dated 04.08.2023 passed in said WP(C) No. 3861/2023.

¶8This order shall be read together with the order dated 04.08.2023 passed in the connected WP(C) No. 3861/2023.

¶9With the above observation and directions, this interlocutory application is allowed to the extent above.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010209672023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2832/2023 ooooooooooooooin oooooooooooooWP(C)o3861/2023o MAHAMMADoALIo S/O-oLATEoAMIRoUDDINo@oAMERUDDIN,oPERMANENToRESIDENToOFo VILLAGE-oSATBOINIRoTUP,oMOUZA-oHOWLY,oP.S.oBARPETAoROAD,oDIST.-o BARPETA,oASSAM,oPIN-o781315 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETAR.,oMINISTRYoOFoHOMEoAFFAIRS,oGOVERNMENToOF INDIA,oSHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGHY-06 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.A.ROAD oBHANGAGARH Page No.# 2/4 GUWAHATI ASSAM PIN- 781005 5:THE DEPUTY COMMISSIONER BARPETA P.O. BARPETA DIST.- BARPETA ASSAM PIN- 781301 6:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. BARPETA DIST.- BARPETA ASSAM PIN- 781301 7:THE OFFICER-IN-CHARGE OF BARPETA ROAD POLICE STATION DIST.- BARPETA ASSAM PIN- 78131 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : DY.S.G.I. BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE BUDI HABUNG