Mir Hamza @ Amir Hussain and 4 Ors v. The Union of India and 2 Ors

ORDER

01.10.2024 (S. Saikia,J)

Heard Mr. A.R. Sikdar, learned counsel for the applicants. Also heard Mr. CKS Baruah, learned CGC for the respondent No. 1; Mr. P. Sharma, learned Addl. Senior Government Advocate, Assam for the respondent No. 2 and Mr. G. Sharma, learned Standing Counsel, FT for the respondent No. 3.

¶2This interlocutory application has been filed praying for extension of time to comply with the directions of this Court passed by the order dated 20.08.2024 in W.A. No. 49/2020.

¶3By the said order dated 20.08.2024, the writ appal was closed directing that the order passed by the Tribunal dated 01.02.2010 in FT(C) No. 324/2006 as well as the order passed by the learned Single Judge vide order dated 11.09.2015 passed in W.P.

(C) No. 2128/2010 will not operate against the appellants No. 3 to 7 till the enquiry as directed is made by the State authorities and in the event they called upon to appear before any competent Tribunal pursuant to any reference made by the State authority, the applicants will be at liberty to file their representations and place all evidences as Page No.# 5/6 felt necessary in support of their defence. It was held that the findings of the Foreigners Tribunal (1st), Morigaon against the family members will not operate as a bar to discharge their burden under Section 9 of the Foreigners Act, 1946 in the event the State decides to make any reference against them. This Court further directed that the benefit of this order will accrue to the appellants No. 3 to 7 only, if they appear before the Superintendent of Police (Border), Morigaon within a period of 15 (fifteen) days from the date of the order and upon their appearance before the Superintendent of Police (Border), Morigaon, the biometrics of iris of the both eyes, the fingerprints of both hands and the photographs will be recorded including necessary information and documentation as required under the Rules for securing their presence whenever necessary.

¶4The learned counsel appearing for the applicants submits that the appellants No. 3 to 7 in the W.A. No. 49/2020 which was disposed of by order dated 20.08.2024. The learned counsel for the applicants submits that because of failure to be communicated in due time about the order dated 20.08.2024, the applicants could not appear before the Superintendent of Police (Border), Morigaon within the time frame prescribed in the order dated 20.08.2024. It is submitted that because of failure to be informed about the order due to failure of phone connection, there was a delay of 11 days. The learned counsel for the applicants submits that under these circumstances, the present interlocutory application has been filed praying for extension of further time.

¶5The learned counsels for the respondents do not object to the prayer made. Page No.# 6/6

¶6Having heard the learned counsels for the parties and upon careful perusal of the interlocutory application along with the enclosures, this Court is of the view that the interlocutory application can be disposed of as under: The applicants are directed to appear before the Superintendent of Police (Border), Morigaon in terms of the order dated 20.08.2024 passed in W.A. No. 49/2020 by 14.10.2024. The other conditions contained in the order dated 20.08.2024 more particularly the conditions in paragraph No. 22 will remain the same.

¶7This order shall be read together along with the order dated 20.08.2024 passed in W.A. No. 49/2020.

¶8The interlocutory application accordingly stands allowed and disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010194082024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2943/2024o MIRoHAMZAo@oAMIRoHUSSAINoANDo4oORSo S/OoMD.oABULoHUSSAIN,oR/OoNO.o1oNARAMARI,oP.O.oBANGALDHARA,oP.S.- DHARAMTUL,oDIST.oMORIGAON,oASSAM 2:oAMIRoHAMZA oS/OoMD.oABULoHUSSAIN oR/OoNO.o1oNARAMARI oP.O.oBANGALDHARA oDIST.oMORIGAON oASSAM 3:oNURULoAMINo@oNURULoALI oS/OoMD.oABULoHUSSAIN oR/OoNO.o1oNARAMARI oP.O.oBANGALDHARA oDIST.oMORIGAON oASSAM 4:oRUHULoAMIN oS/OoMD.oABULoHUSSAIN oR/OoNO.o1oNARAMARI oP.O.oBANGALDHARA oDIST.oMORIGAON oASSAM 5:oRAFIQULoISLAM oS/OoMD.oABULoHUSSAIN oR/OoNO.o1oNARAMARI oP.O.oBANGALDHARA oDIST.oMORIGAON oASSAo VERSUSo Page No.# 2/6 THE UNION OF INDIA AND 2 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF HOME AFFAIRS DISPUR GUWAHATI-06 3:THE DEPUTY COMMISSIONER MORIGAON 4:THE SUPERINTENDENT OF POLICE (B) MORIGAON ASSA Advocate for the Petitioner : MD. S HUDA, MR. N HOQUE,MR. A R SIKDAR Advocate for the Respondent : DY.S.G.I., GA, ASSAM Linked Case : WA/49/2020 MD ABUL HUSSAIN and 6 ORS S/O LT. TAJUMUDDIN DEWAN R/O NO. 1 NARAMARI P.O. BANGALDHARA DIST. MORIGAON 2: AMIRJAN NESSA W/O MD. ABUL HUSSAIN R/O NO. 1 NARAMARI P.O. BANGALDHARA DIST. MORIGAON 3: MIR HAMZA @ AMIR HUSSAIN S/O MD. ABUL HUSSAIN R/O NO. 1 NARAMARI P.O. BANGALDHARA DIST. MORIGAON PageoNo.#o3/6 oASSAM o4:oAMIRoHAMZA S/OoMD.oABULoHUSSAIN oR/OoNO.o1oNARAMARI oP.O.oBANGALDHARA oDIST.oMORIGAON oASSAM o5:oNURULoAMINo@oNURULoALI S/OoMD.oABULoHUSSAIN oR/OoNO.o1oNARAMARI oP.O.oBANGALDHARA oDIST.oMORIGAON oASSAM o6:oRUHULoAMIN S/OoMD.oABULoHUSSAIN oR/OoNO.o1oNARAMARI oP.O.oBANGALDHARA oDIST.oMORIGAON oASSAM o7:oRAFIQULoISLAM S/OoMD.oABULoHUSSAIN oR/OoNO.o1oNARAMARI oP.O.oBANGALDHARA oDIST.oMORIGAON oASSAM oVERSUS THEoUNIONoOFoINDIAoando2oORS REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoHOMEoAFFAIRS oNEWoDELHI 2:THEoSTATEoOFoASSAM REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM DEPTT.oOFoHOMEoAFFAIRS oDISPUR oGUWAHATI-06 o3:THEoDEPUTYoCOMMISSIONER oMORIGAON o4:THEoSUPERINTENDENToOFoPOLICEo(B) MORIGAON Page No.# 4/6 ------------ Advocate for : S HUDA Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA and 2 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA