High CourtsDivision Bench(2021) 07 GAU CK 0056

Firuja Khatun vs Union Of India And 5 Ors

Gauhati High Court · Decided on 13 July 2021

HON’BLE JUDGES
N. Kotiswar Singh, J · Soumitra Saikia, J
CASE NUMBER
Writ Petition (Civil) No. 2997 Of 2021

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Judgment

16 paragraphs · 304 words

Heard Mr. A.W. Aman, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC, appearing for respondent No.1; Mr. S.C.

Keyal, learned Special Counsel, FT, appearing for respondent Nos.3â€"5; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent

No.2 and Ms. L. Devi, learned standing counsel, NRC, appearing for respondent No.6.

Issue notice, returnable within 4(four) weeks.

No formal steps are called for in respect of respondents, as they are duly represented. However, extra copies of the petition be furnished to the

learned counsel appearing for the respondents.

Meanwhile, Registry will call for the records of Case No.F.T. 1219/2017 from the Foreigners' Tribunal No.6, Barpeta, Assam.

Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the order dated 14.10.2020 passed in Case

No.F.T. 1219/2017 passed by the learned Member, Foreigners' Tribunal No.6, Barpeta, Assam.

In that view of the matter, in the meantime, the petitioner, if not already arrested, may not be arrested and deported from India. However, the

petitioner shall appear before the Superintendent of Police (Border), Barpeta within 10(ten) days from today, who may obtain necessary information

and documentation as required under the rules from the petitioner for securing her presence. On such appearance, the petitioner shall furnish a bail

bond of ` 5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority, whereafter, the petitioner

shall be allowed to remain on bail. The concerned Superintendent of Police (Border) shall also take steps for capturing the fingerprints and biometrics

of the iris of the petitioner, if so advised. The petitioner also shall not leave the jurisdiction of Barpeta district without furnishing the details of the place

of destination and necessary information including contact number to the Superintendent of Police (Border), Barpeta.