Mahur Ali @ Mohor Ali @ Md. Mehar Ali v. The Union of India and 5 Ors

ORDER

07.08.2024 (K.R. Surana,J)

Heard Mr. A.W. Aman, learned counsel for the applicant. Also heard Mr. C.K.S. Baruah, learned CGC for the respondents No. 1 & 6; Mr. M. Kalita, learned counsel appearing on behalf of Ms. P. Barua, learned Standing Counsel, ECI for the respondent No. 2; Ms. A. Verma, learned Standing Counsel, Home Department for the respondents no. 3 & 5 and Mr. H.K. Hazarika, learned Government Advocate for the respondent No. 4. By order dated 22.07.2024, notice was issued in this interlocutory application, by which applicant seeks his release from the designated Transit Camp at Matia, where he has been detained since 24.02.2024. The learned counsel for the applicant, referring to the documents annexed to the connected writ petition project that the applicant has produced the documents which indicates that how the father and grandfather residing in the same village and has submitted that owing to the discrepancy of the names, the learned Tribunal had rejected the evidence and declared the petitioner to be a foreigner Page No.# 4/4 post 25.03.1971. The prayer made in this interlocutory application is opposed by the learned Standing Counsel, Home Department. A perusal of the records received from the learned Foreigners' Tribunal, this Court is of the view that the matter requires further examination. Therefore, this Court is inclined to grant bail to the applicant, namely, Mahur Ali @ Mohor Ali @ Md. Mehar Ali, on condition that he shall appear before the Deputy Commissioner of Police (B), Kamrup (Metro) at Guwahati within 10 (ten) days from during the office hours and shall furnish a bail bond of Rs. 5,000/- with one local surety of the like amount to the satisfaction of the said authority. Further, the Deputy Commissioner of Police (B), Kamrup (Metro) at Guwahati is directed that on appearance of the applicant within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant shall be obtained, where after, he shall be allowed to remain on bail.

¶7On his appearance before the Deputy Commissioner of Police (B), Kamrup (Metro) at Guwahati, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing his presence.

¶8In view of the above, the interlocutory application stands disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010091652024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2478/2024o MAHURoALIo@oMOHORoALIo@oMD.oMEHARoALIo SONoOFoLT.oJOSIMUDDINo@oJASIMUDDINoALIo@oJASIMoUDDIN,o PERMANENToRESIDENToOFoVILLAGE-oTAMULDI,oP.S.oBOKO,oINoTHEo KAMRUPoDISTRICToOFoASSAMo(CURRENTLYoUNDERoDETENTIONoATo MATIAoTRANSIToCAMP) VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHIoPIN-o110001 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI-o110001 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-o781006 4:THEoDEPUTYoCOMMISSIONER oKAMRUPo(METRO) o781036 5:THEoSENIORoSUPERINTENDENToOFoPOLICEo(B)oCITY oGUWAHATI o781001 oASSAM Page No.# 2/4 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-0 Advocate for the Petitioner : MR A W AMAN, MS SURAYA RAHMAN,MR S A BARBHUYAN,MR SARFRAZ NAWAZ Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ELECTION COMMISSION. Linked Case : I.A.(Civil)/1386/2024 MAHUR ALI @ MOHOR ALI @ MD. MEHAR ALI SON OF LT. JOSIMUDDIN @ JASIMUDDIN ALI @ JASIM UDDIN PERMANENT RESIDENT OF VILLAGE- TAMULDI P.S. BOKO IN THE KAMRUP DISTRICT OF ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT INDIA MINISTRY OF HOME AFFAIRS NEW DELHI PIN- 110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELHI- 110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006 4:THE DEPUTY COMMISSIONER KAMRUP (METRO) 781036 5:THE SENIOR SUPERINTENDENT OF POLICE (B) CITY GUWAHATI Page No.# 3/4 781001 ASSAM 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-04 ------------ Advocate for : MR A W AMAN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA