Jaynal Abdin @ Joynal v. The Union of India and 6 Ors

ORDER Date : 17.12.2024 (K.R. Surana, J)

Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned CGC appearing for respondent no.1, Mr. G. Sarma, learned standing counsel for the FT matters, representing respondent no.2, 4, 6 and 7, Page No.# 3/4 Ms. N. Bedi, learned counsel appearing on behalf of Ms. P. Baruah, learned standing counsel for respondent no.3, Mr. P. Sarma, learned Addl. Senior Govt. advocate appearing for respondent no.5.

¶2The learned counsel for the applicant has renewed her prayer for seeking release of the applicant from the detention camp at Matia, Goalpara, wherein he is detained since 07.08.2024 pursuant to opinion dated 10.05.2023, passed by the learned Member, Foreigners' Tribunal No.6th, Barpeta, in F.T. Case No. 56/2018.

¶3Prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that although the applicant had liberty of proving his case but he did not appear for his cross-examination and therefore, having been declared as a foreigner, the petitioner is not entitled to release on bail.

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

07.08.2024 and has suffered detention for more than 4 (four) months, the Court is of the considered opinion that the applicant, namely, Jaynal Abdin @ Joynal 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 Page No.# 4/4 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.

¶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 GAHC010236472024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3487/2024 JAYNALoABDINo@oJOYNAL SONoOFoLATEoSAHALIoAKAND oRESIDENToOFoVILLAGEoBARBALA oPOLICEoSTATION-oHOWLY oDISTRICT-oBARPETA oASSAM oVERSUS THEoUNIONoOFoINDIAoANDo6oORS REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA oMINISTRYoOFoHOMEoAFFAIRS oNORTHoBLOCK oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI oASSAM-o781006 o3:THEoELECTIONoCOMMISSIONoOFoINDIA REPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSIONERoOFoINDIA oNIRVACHANoSADAN oASOKAoROAD oNEWoDELHI-o110001 o4:THEoSTATEoCOORDINATORoOFoNRC OFFICEoOFoTHEoSTATEoCOORDINATOR oNRCoASSAM o1SToFLOOR Page No.# 2/4 ACHYUT PLAZA GS ROAD BHANGAGARH GUWAHATI ASSAM- 781005 5:THE DISTRICT COMMISSIONER BARPETA OFFICE OF THE DISTRICT COMMISSIONER BARPETA MUSLIMPATTY BARPETA JOTI GAON DISTRICT- BARPETA ASSAM- 781301 6:THE SUPERINTENDENT OF POLICE (B) BARPETA DOULASHAL-HAJO ROAD SUNDARIDIA BARPETA ASSAM- 781314 7:THE OFFICER IN CHARGE-HOWLY POLICE STATION AMBARI BARPETA DISTRICT- BARPETA ASSAM- 721316 ------------ Advocate for : MS. D GHOSH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND