Manowara Begum v. The Union of India and 5 Ors

ORDER Date : 25.11.2024 (K.R. Surana, J)

Heard Mr. R. Dhar, learned counsel for the applicant. Also heard Mr. A.K. Dutta, learned CGC for the opposite party no. 1; Mr. G. Sarma, learned standing counsel for the F.T. and Home Department for the opposite party nos. 2, 3 & 5; Mr. P. Sarmah, learned Additional Senior Government Advocate, Assam for the opposite party no. 4; and Mr. A.I. Ali, learned standing counsel for the Election Commission of India for the opposite party no. 6.

¶2Mr. Dhar, learned counsel appearing for the applicant has submitted that he has filed his Vakalatnama on 22.11.2024. If that is so, the said Vakalatnama be tagged with the case records.

¶3By filing this interlocutory application, the applicant is seeking release/bail from the detention camp at Matia, Goalpara, where she is detained since

02.09.2024 pursuant to the order/opinion dated 11.01.2022, passed by the Page No. 3/4 learned Member, Foreigner's Tribunal No. 6, Barpeta in F.T. Case No. 698/2016 (Reference Case No. 10593/1998).

¶4The prayer for bail is opposed by the learned standing counsel for the Home Department on the ground that after the opinion dated 11.01.2022, the applicant could not be found and she could be apprehended only after a lot of effort from the concerned police authorities. It is submitted that if the bail is granted to the applicant, it is very likelihood that the applicant may abscond.

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

02.09.2024 and has suffered detention for about 2 (two) months, the Court is of the considered opinion that in view of the period of custody already suffered, the applicant, namely, Manowara Begum be released on bail 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) along with one surety 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 documentation as required under the Rules from the applicant for securing her presence.

¶6Thereafter, steps shall be taken by the Superintendent of Police (Border), Page No. 4/4 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, the Superintendent of Police (Barpeta) shall take necessary steps to have the applicant, Manowara Begum released from the Transit Camp, Matia, Goalpara.

¶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 interlocutory application stands allowed.

JUDGE JUDGE Comparing Assistant

PageoNo.o1/4 GAHC010202202024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3143/2024o MANOWARAoBEGUMo W/O-oKAJIoBEN,o D/O-oSUBAHANoALI,o@SUBAHANoSHEIKHo@SHOBAHANoSHEIKH,o R/O-oVILLAGE-oNICHANARoCHAR,o P.O-oKALAIRDIA,o P.S-oBAGHBAR,oDIST-oBARPETA,oASSAM,oPIN-781127 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoJOINToSECRETARYoTOoTHEoMINISTRYoOFoHOMEoAFFAIRS,o GOVT.oOFoINDIA,oSASTRIoBHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoSUPERINTENDENToOFoPOLICEo(B) oBARPETA oASSAM 4:THEoDEPUTYoCOMMISSIONER oBARPETAo oASSAM 5:THEoNATIONALoREGISTERoOFoCITIZENS oREP.oBYoTHEoSTATEoCOORDINATORo oASSAM o1SToFLOOR oACHYUToPLAZA oG.SoROAD. oBHANGAGARH Page No. 2/4 GUWAHATI-05 DIST- KAMRUP (M) 6:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-11000 Advocate for the Petitioner : MR N N UPADHYAYA, MR. B B KAKATI,MR. D K BAGCHI Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE MANISH CHOUDHURY