Sukur Miah v. Union of India and 6 Ors

ORDER Date : 18.12.2024 (K.R. Surana, J)

Heard Mr. A.S. Tapadar, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned standing counsel for FT matters, representing respondent nos. 2, 3 and 5, Ms. P. Baruah, learned standing counsel for respondent no.4 and Mr. H.K. Hazarika, learned Govt. advocate appearing for respondent no.6.

¶2Pursuant to order dated 18.11.2024 passed in the connected writ petition, the records the Tribunal is received. The examination of said records would take some time. Page No.# 3/4

¶3The learned counsel for the petitioner has prayed for bail by submitted that pursuant to opinion dated 27.08.2019 passed by the learned Member, Foreigners' Tribunal No.7, Barpeta in FT Case No. 18/2018, the petitioner has been taken into custody on 02.09.2024 and has spent about 104 days in custody and is presently lodged in detention camp at Matia, Goalpara.

¶4Prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that the notice is duly served to the petitioner, but petitioner did not appear in the proceedings and therefore, allowed ex-parte opinion to come on record. It is submitted that after a lot of effort by the Boarder police and another police agencies, the petitioner could be apprehended. It is submitted that if the petitioner is granted bail, the petitioner would abscond.

¶5Considering that the applicant has been taken into custody since

02.09.2024 and has suffered detention for more than 3 (three) months and moreover, considering that the examination of records would take some time, the Court is of the considered opinion that the applicant, namely, Sukur 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. Page No.# 4/4 c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence.

¶6Thereafter, 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.

¶7As 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.

¶8This I.A. stands allowed and disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010230262024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3511/2024 SUKURoMIAH S/O-oMOTALEBo@oAoMOTALIBo@oAoMOTALIBoALI oVILLAGE-oTARABARIoCHAR oP.S-oTARABARI oDIST-oBARPETA oASSAM oVERSUS UNIONoOFoINDIAoANDo6oORS REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoHOMEoAFFAIRS oSASTRIoBHAWAN oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 o3:THEoADDL.oDIRECTORoGENERALoOFoPOLICE ASSAMo(BORDER) oRUPNAGAR oBHANGAGARH oGUWAHATI-05 o4:THEoELECTIONoCOMMISSIONoOFoINDIA REP.oBYoTHEoCHIEFoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD NEWoDELHI-110001 Page No.# 2/4 5:NATIONAL REGISTER OF CITIZENS THE STATE COORDINATOR ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) 6:THE DEPUTY COMMISSIONER BARPETA ASSAM PIN-781301 7:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM PIN-781301 ------------ Advocate for : MR M AHMED Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND