Md. Saheb Ali @ Saheb Ali Mondal v. The Union of India and 5 Ors

ORDER 22-01-2024 (M.R.Pathak, J) Heard Mr. A Roshid, learned counsel for the petitioner and Mr. B Sarma, learned CGC for the opposite party/respondent No. 1. Also heard Mr. G Sharma, learned Standing counsel, Home Department, Assam for the opposite party/respondent Nos. 2 & 4; Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the opposite party/respondent No. 3 as well as Mr. H Kuli, learned Standing counsel, Election Commission of India for the opposite party/respondent No. 5.

¶2Dissatisfied with the opinion dated 19.05.2022 passed by the learned Member, Foreigners' Tribunal No. 2, Bongaigaon, Abhayapuri in Case No. BNGN/FT-2/APR/2120/2008, whereby the petitioner has been declared to be a foreigner under the Foreigners' Act, 1946 the applicant as petitioner preferred the connected WP(C) No. 3393/2023, wherein a Co-Ordinate Bench of this Court earlier on 14.06.2023 while issuing notice to the respondents in the interim directed the present applicant/writ petitioner to appear before the Superintendent of Police (Border), Bongaigaon within 15 (fifteen) days from the said order dated 14.06.2023 granting him bail in the said matter.

¶3Mr. Roshid, learned counsel for the applicant/petitioner has submitted that inadvertently the information of the said order dated 14.06.2023 passed in the connected WP(C) No. Page No.# 4/4 3393/2023 could not be communicated to the applicant/ petitioner in time and as such, the applicant/petitioner during 14 (fourteen) days from 14.06.2023 could not appear before the said SP(Border), Bongaigaon.

¶4However, the applicant/writ petitioner after obtaining the certified copy of the said order dated 14.06.2023 though appeared before the SP(Border), Bongaigaon in terms of the said order, but the 14 days period has already lapsed. As such, the bail granted by the Court on

14.06.2023 could not be executed.

¶5Hence, this Interlocutory Application by the said petitioner of WP(C) No. 3393/2023, seeking extension of said 14 (fourteen) days period in terms of the order dated 14.06.2023 passed in WP(C) No. 3393/2023 for execution of the relevant bail order.

¶6Considering the submissions of the learned counsel for the applicant/writ petitioner and the learned counsels for the opposite parties/respondents, we direct the petitioner to appear before the Superintendent of Police (Border), Bongaigaon on or before 02.02.2024 so as to execute the order dated 14.06.2023 passed in WP(C) No. 3393/2023 and the said period of 14 (fourteen) days as specified in the said order dated 14.06.2023 has now been extended up to 02.02.2024 for necessary compliance by the applicant/petitioner.

¶7This order shall be read together with the order dated 14.06.2023 passed in the connected WP(C) No. 3393/2023.

¶8With the above observation and direction, this Interlocutory Application stands allowed and accordingly, stands disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010272752023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3816/2023o MD.oSAHEBoALIo@oSAHEBoALIoMONDALo S/O-oLATEoMEERoBOXoMANDAL,o VILL-oKACHARIPETIoPARToI,o P.OoANDoP.S-oABHAYAPURI,o DIST-oBONGAIGAON,oASSAM,oPIN-783384 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOF INDIA,NEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oBONGAIGAON oASSAM oPIN-783384 4:THEoSUPERINTENDENToOFoPOLICEo(B) oBONGAIGAON oASSAM oPIN-783384 5:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-110001 6:THEoSTATEoCOORDINATOR Page No.# 2/4 NATIONAL REGISTER OF CITIZENS ASSAM GUWAHATI-05 DIST- KAMRUP (M Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : DY.S.G.I. Linked Case : WP(C)/3393/2023 MD. SAHEB ALI @ SAHEB ALI MONDAL S/O- LATE MEER BOX MANDAL VILL- KACHARIPETI PART I P.O AND P.S- ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783384 VERSUS THE UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DELHI- 110001. 2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE DEPUTY COMMISSIONER BONGAIGAON ASSAM PIN-783384 4:THE SUPERINTENDENT OF POLICE (B) BONGAIGAON ASSAM PIN-783384 Page No.# 3/4 5:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001 6:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM GUWAHATI-05 DIST- KAMRUP (M) ------------ Advocate for : MR. A ROSHID Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA