Malam Miah v. The Union of India and 6 Ors

ORDER Date : 14.11.2024 (K.R. Surana, J) Heard Mr. A.S. Tapader, learned for the applicant. Also heard Ms. B. Sarma, learned CGC for the respondent nos.1; Mr. J. Payeng, learned standing counsel for the respondent nos.2, 3 and 7; Ms. P. Barua, learned standing counsel for the ECI, respondent no.4; and Mr. P. Sarma, learned Additional Senior Govt. Advocate for respondent no.6. There is no representation for respondent no.5.

¶2By filing this interlocutory application, the applicant is seeking release/bail from the detention camp at Matia, Goalpara, where he is detained since 02.09.2024 pursuant to ex parte opinion dated 22.09.2023, passed by the Page No.# 3/4 learned Member, Foreigner's Tribunal-7, Barpeta in F.T. Case No. 16/2018.

¶3The prayer for bail is opposed by the learned standing counsel for the Home Department on the ground that it has taken a lot of effort for the Superintendent of Police (Border), Barpeta to apprehend the applicant. It is submitted that the applicant has not contested the proceedings despite the notice and could not be traced out for about a year after ex parte opinion was passed.

¶4Considering that the applicant has been taken into custody since

02.09.2024 and has suffered detention for about 2 (two) months, the Court is of the considered opinion that the applicant, namely, Malam Miah be released on bail subject to compliance of the following conditions: a. The family members of the applicant shall appear before the Superintendent of Police (Border), Barpeta and furnish bail bond of Rs.5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority. b. Before the releasing the applicant on bail, the Superintendent of Police (Border), Barpeta shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner. c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence.

¶5Thereafter, steps shall be taken by the Superintendent of Police (Border), Barpeta to have the applicant released from the detention centre within 3 (three) days from the date of receipt of certified copy of this order. Page No.# 4/4

¶6As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of Superintendent of Police (Border), Barpeta without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Barpeta to move this Court for cancellation of bail.

¶7This interlocutory application stands allowed.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010230232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o Caseo:oI.A.(Civil)/3447/2024 MALAMoMIAH S/O-oMOTALEBo@oAoMOTALEBo@oAoMOTALEBoALI oVILL-oTARABARI oPS-oTARABARI oDISTRICT-oBARPETA o(ASSAM) oVERSUS THEoUNIONoOFoINDIAoANDo6oORS REPRESENTEDoBYoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoHOMEoAFFAIRS oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM TOoBEoREPRESENTEDoBYoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-06 o3:ADDITIONALoDIRECTORoGENERALoOFoPOLICE ASSAMo(BORDER) oRUPNAGAR oBHANGAGARH oGUWAHATI-05 o4:ELECTIONoCOMMISSIONoOFoINDIA REP.oBYoSECRETARY oNIRVASANoSADAN oNEWoDELHI-1 Page No.# 2/4 5:NATIONAL REGISTRAR OF CITIZENS-NRC STATE CO-ORDINATOR ACHYUT PLAZA BHANGAGARH GUWAHATI-5 ASSAM 6:DEPUTY COMMISSIONER BARPETA ASSAM PIN- 781301 7:SUPERINTENDENT OF POLICE (BORDER) BARPETA ASSAM PIN- 781301 ------------ Advocate for : MR M AHMED Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE KARDAK ETE