Hazera Khatun v. The Union of India and 6 Ors

ORDER Date : 05.12.2023 (A.M. Bujor Barua, J)

Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Ms. A. Verma, learned Special Standing Counsel for the Foreigners Tribunal in the Home Department of Government of Assam and Mr. P. Saikia, learned Junior Government Advocate for the Deputy Commissioner, Barpeta.

¶2By the order dated 05.08.2023 in WP(C)/3195/2023 the petitioner was required to appear before the Superintendent of Police (B) Barpeta within fifteen days of the order for the purpose of the Deputy Commissioner obtaining necessary information and documentation as required under the Rules from the petitioner for securing his/her presence. Upon such appearance, the petitioner was required to furnish a bail bond of Rs.5,000/- (Rupees Five Thousand) with one local surety of the like amount to the satisfaction of the authority and the Superintendent of Police (B) Barpeta was also required to take steps for capturing the fingerprints of both hands and biometrics of the iris of the petitioner.

¶3It is stated that as because the bailor and the surety was not available, the petitioner could not appear before the Superintendent of Police (B) Barpeta within the fifteen days provided for the purpose. It is stated that in the meantime the bailor and the surety is available and the petitioner would like to appear before the Superintendent. Accordingly, the petitioner is allowed to appear before the Superintendent of Police (B) within a period of another fifteen Page No.# 4/4 days from today in the respect of F.T. 9th (BPT) Case No. 348/2018 corresponding to S.P. Ref. IMD (T) Case No. 6862/98 of the Foreigners' Tribunal No. 9, Barpeta. The other terms and conditions of the order dated 05.08.2023 in WP(C)/3195/2023 shall remain as provided therein.

¶4It is also clarified that the expression Superintendent of Police (B) Barpeta in the order dated 05.08.2023 in WP(C)/3195/2023 shall now be read as Superintendent of Police (B) Baksa and accordingly, the petitioner to appear before the Superintendent of Police (B) Baksa. If any other confusion arises regarding the jurisdiction of the Superintendent of Police (B) Baksa, the petitioner may also appear before the Superintendent of Police (B) Barpeta and whosoever between the two is the appropriate authority, may do the needful as per the order of the Court.

I.A. stands closed in the above terms.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010209682023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2868/2023o HAZERAoKHATUNo DAUGHTERoOFoLATEoNAZARoALIo@oNAZERAoSHEIKH,o WIFEoOFoHAZRAToALI,o RESIDENToOFoVILLAGE-oBONGSHIBARI,o POLICEoSTATION-oGOBARDHANA,o DISTRICT-oBAKSA,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoMINISTRYoOFoHOMEoAFFAIRS,o GOVERNMENToOFoINDIA,oSHASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM o HOMEoDEPARTMENT oDISPUR o GUWAHATI-o781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSION o NIRVACHANoSADAN oASHOKAoROAD o NEWoDELHI-o110001. 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM Page No.# 2/4 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM PIN- 781005. 5:THE DEPUTY COMMISSIONER BARPETA POST OFFICE- BARPETA DISTRICT- BARPETA ASSAM. 6:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA POST OFFICE- BARPETA DISTRICT- BARPETA ASSAM PIN- 781301. 7:THE OFFICER-IN-CHARGE OF GOBARDHANA POLICE STATION POST OFFICE- GOBARDHANA DISTRICT- BAKSA ASSAM PIN -781315 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : DY.S.G.I. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN