Md. Makshed Ali @ Maksed Ali @ Musket Ali v. The Union of India and 7 Ors

ORDER

29.11.2024 (K.R. Surana, J) Heard, Mr. M. U. Mahmud, learned counsel for the applicant. Also heard Mr. P. K. Medhi, learned CGC representing respondent no.1; Ms. P. Baruah, learned Standing Counsel representing respondent no.2; Mr. G. Sharma, learned Standing Counsel for the Home Department and FT matters representing respondent nos. 3, 4, 6 and 7; and Mr. P. Sarmah, learned Senior Govt. Advocate representing respondent no.5.

¶2In view of order dated 17.09.2024, the issuance of notice on respondent no.8 is exempted.

¶3By filing this interlocutory application, the applicant who is a proceedee before the learned Foreigner's Tribunal (1st), Mangaldai, Darrang in connection with F.T. Case No.1171/12 (reference Case No.432/12), has stated he was taken into custody on 22.07.2024, pursuant to opinion dated 28.12.2022 and is presently lodged at Transit Camp, Matia, Goalpara, and has accordingly, prayed for being released on bail.

¶4It is projected in this application that the applicant is not in good health and that he was initially referred to Civil Hospital, Goalpara for treatment, where he was treated for last 7 (seven) days and then he was referred to GMCH, where he was kept for 5 (five) days and he has been advised to undergo Page No.# 5/6 surgery, purportedly for gall-bladder.

¶5By order dated 25.11.2024, the learned Standing Counsel for the Home Department and FT matters was requested to obtain the status of health of the applicant including the current health status as well as information as to the reason for the applicant's admission in the Civil Hospital, Goalpara on

19.09.2024.

¶6Accordingly, the learned Standing Counsel for the Home Department and FT matters has submitted that he is instructed to inform the Court that the applicant is suffering from gall-bladder ailment and is advised to undergo surgery.

¶7In that view of the matter, the Court is inclined to grant bail to the applicant on following conditions: a) The family members of the applicant shall furnish a bail bond of Rs.5000/- (Rupees five thousand only) along with one surety of like amount before the Superintendent of Police (Border), Mangaldai, Darrang on behalf of the applicant, namely, Md. Makshed Ali @ Maksed Ali @ Musket Ali to the satisfaction of the said authority. b) Further, within 3 (three) days from the submission of the certified copy of this order, as well as bail bond, the Superintendent of Police (Border), Mangaldai, Darrang, shall do the needful to take the applicant in his custody. Page No.# 6/6 c) On securing the custody of the applicant, the Superintendent of Police (Border), Mangaldai, Darrang, shall obtain the biometrics of the iris of both eyes and the fingerprints of both hands and the photographs of the applicant recorded and usual undertaking to appear before the Tribunal. a) The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence. b) Within 3 (three) days from the receipt of a certified copy of this order as well as furnishing of the bail bond, the Superintendent of Police (Border), Mangaldai, Darrang shall take appropriate steps for having the applicant released on bail.

¶8On release of applicant on bail, he is prohibited from leaving the territorial jurisdiction of the Superintendent of Police (Border), Mangaldai, Darrang without prior written intimation.

¶9Accordingly, this interlocutory application stands allowed and disposed of on conditions as indicated above.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010247452024 ooooooo 2024:GAU- AS:11897-DB ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3602/2024o MD.oMAKSHEDoALIo@oMAKSEDoALIo@oMUSKEToALIo S/O-oLATEoJULHASoALIo@oJULAHACHoALI,oR/O-oSALAIPARAoNO.o2,oP.S.o MANGALDAI,oDIST.oDARRANG,oASSAM,oPIN-o784529oANDoPRESENTLYo RESIDINGoAToVILL-oSIDHAKHOWA,oP.S.oROWTA,oDIST.oUDALGURI,oBTR,o VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoHOMEoAFFAIRS,oNEWoDELHI-1. 2:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-1. 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoSTATEoCO-ORDINATORoOFoNRC oBHANGAGARH oASSAM oGUWAHATI-05. 5:THEoDEPUTYoCOMMISSIONER oDARRANG oASSAM oPIN-o784125. Page No.# 2/6 6:THE SUPERINTENDENT OF POLICE (B) DARRANG PIN- 784125. 7:THE OFFICER-IN-CHARGE MANGALDAI POLICE STATION DIST. DARRANG PIN- 784125. 8:TUN RAJKHOWA ADVOCATE AT GAUHATI HIGH COURT BAR ASSOCIATION GUWAHATI Advocate for the Petitioner : MR. M U MAHMUD, MS. D BORA,MS. B CHETIA,MR S ISLAM,MR S H MAHMUD,MRS. M SAIKIA Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ECI,GA, ASSAM Linked Case : WP(C)/3960/2024 MD. MAKSHED ALI @ MAKSED ALI @ MUSKET ALI S/O- LATE JULHAS ALI @ JULAHACH ALI R/O- SALAIPARA NO. 2 P.S. MANGALDAI DIST. DARRANG PIN- 784529 AND PRESENTLY RESIDING AT VILL- SIDHAKHOWA P.S. ROWTA DIST. UDALGURI BTR VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-1. Page No.# 3/6 2:THE ELECTION COMMISSION OF INDIA NEW DELHI-1. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 4:THE STATE CO-ORDINATOR OF NRC BHANGAGARH GUWAHATI-05. 5:THE DEPUTY COMMISSIONER DARRANG PIN- 784125. 6:THE SUPERINTENDENT OF POLICE (B) DARRANG PIN- 784125. 7:THE OFFICER-IN-CHARGE MANGALDAI POLICE STATION DIST. DARRANG PIN- 784125. 8:TUN RAJKHOWA ADVOCATE AT GAUHATI HIGH COURT BAR ASSOCIATION GUWAHATI. ------------ Advocate for : MR. M U MAHMUD Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE MANISH CHOUDHURY