Md. Jamal Sheikh @ Jamaluddin v. The Union of India and 6 Ors

ORDER

28-09-2023 (M.R.Pathak, J) Heard Mr. H. R. Ahmed, learned counsel for the applicant/petitioner and Ms. L. Devi, learned CGC as well as Standing counsel, NRC for the opposite party Nos. 1 & 6. Also heard Mr. A.I.Ali, learned Standing counsel, Election Commission of India for the opposite party Nos. 2 & 7; Mr. G. Sarma, learned Standing counsel, Home Department of the State for the opposite party Nos. 3 & 4 and Mr. P. Sarma, learned Government Advocate, Assam for the opposite party No. 5.

¶2By the impugned judgment/opinion dated 31.03.2023, the learned Member, Foreigners' Tribunal

(1st), Mangaldai, Darrang, Assam in F.T. Case No. 01/2022 arising out of Reference Case No. 01/2022 Page No.# 3/4 opined that the applicant/proceedee, i.e., Md. Jamal Sheikh @ Jamaluddin is a foreigner, who had illegally entered into the territory of India (Assam) on or after 25.03.1971.

¶3It is submitted that pursuant to said opinion dated 31.03.2023 passed in F.T. Case No. 01/2022 by the learned Foreigners' Tribunal (1st), Darrang, Mangaldai, noted above, the petitioner was taken into custody on 07.06.2023 and since then he is detained in the detention camp at Matia, Goalpara, Assam.

¶4It is stated that the applicant/petitioner is about 62 years old and has been suffering from various old aged ailments.

¶5By this interlocutory application, the applicant/petitioner prayed for a direction to stay the operation of the impugned judgment/opinion dated 31.03.2023 passed in said F.T. Case No. 01/2022 and the consequential order for his release from the said detention camp.

¶6After hearing the learned counsels for the parties, the applicant/petitioner, namely, Md. Jamal Sheikh @ Jamaluddin, resident of Village – No. 1 Gadhowa Chapari (Non-K Gadhowa Chapari), P.S.- Mangaldai, District-Darrang, who is in the detention camp at Matia, Goalpara in terms of the impugned judgment/opinion dated 31.03.2023 passed by the learned Member, Foreigners' Tribunal

(1st), Mangaldai, Darrang, Assam in F.T. Case No. 01/2022, is directed to be released immediately from the detention camp at Matia, Goalpara on furnishing a bail bond of Rs. 5,000/- with one local surety of the like amount to the satisfaction of the Superintendent of Police (Border), Darrang.

¶7While releasing the applicant/petitioner on bail, the authorities concerned in the Superintendent of Police (Border), Darrang shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner as well as the necessary information and documentation as required under the Rules from him for securing his presence, whereafter he shall be allowed to remain on bail.

¶8The applicant/petitioner shall give the full details about his new address and/or destination before the Superintendent of Police (Border), Darrang, Mangaldoi and without obtaining any prior written permission from the said authority, he shall not leave the jurisdiction of said Superintendent of Police (Border), Darrang.

¶9Failure on the part of the applicant/petitioner to comply with the aforesaid directions, bail granted to him shall stand automatically vacated and he shall be liable to be taken back into custody. Page No.# 4/4

¶10Registry shall inform the Superintendent of Police (Border), Darrang about this order forthwith.

¶11With the above observation and direction, this interlocutory application stands disposed of.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010212812023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2855/2023 in WP(C)o2946/2023o MD.oJAMALoSHEIKHo@oJAMALUDDINo S/O-oLATEoJANIKoDEWANIo@oJANIBoDEWANIo@oJANIBoALI,oR/O-oVILLAGEo NO.o1oGADHOWAoCHAPARIo(NON-KoGADHOWAoCHAPARI),oP.S.oANDoP.O.o MANGALDAI,oDIST.oDARRANG,oASSAM,oPIN-o784125. VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoHOMEoAFFAIRS,oSHASTRIoBHAWAN,oTRILOKoMARG,oNEWoDELHI-1. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREPRESENTEDoBYoTHEoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI-110001. 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoSUPERINTENDENToOFoPOLICEo(BORDER) oDARRANG oP.O.oMANGALDAI oDIST.oDARRANG oASSAM oPIN-o784125. 5:THEoDEPUTYoCOMMISSIONERoOFoDARRANG Page No.# 2/4 P.O. MANGALDAI DIST. DARRANG ASSAM PIN- 784125. 6:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI ASSAM PIN- 781004. 7:THE ELECTORAL REGISTRATION OFFICER MANGALDAI (SC) LAC P.O. MANGALDAI DIST. DARRANG ASSAM PIN- 784125 Advocate for the Petitioner : MD H R AHMED Advocate for the Respondent : DY.S.G.I. BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MR. JUSTICE BUDI HABUNG