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Judgment
Sudhanshu Dhulia, CJ
The matter is taken up through video conferencing.
Heard Mr. F.U. Borbhuiyan, learned counsel for the petitioner. Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal, Mr. A. Bhuyan, learned
Standing Counsel, Election Commission of India, Ms. L Devi, learned Standing Counsel, NRC and Ms. A Gayan, learned Central Govt. Counsel are
present.
The matter relates to Foreigners Tribunal.
The petitioner has challenged the order dated 24.02.2020 passed by the Foreigners Tribunal, Diphu, Karbi Anglong in F.T. Case No.12/2016 by which
the petitioner was declared as a foreigner. Presently the petitioner is in Jorhat Detention Centre since 24.02.2020.
This matter has to be decided on its merits. All the same, presently the petitioner has prayed for his release in terms of the directions given by the
Hon’ble Apex Court in the order dated 13.04.2020 in Suo Motu Writ Petition (Civil) No.1/2020 (In Re: Contagion of Covid 19 virus in prisons),
which had been followed by a Division Bench of this Court in WP(C) (Suo Moto) No.1/2020 (Gauhati High Court -Vs- Union of India & Ors.) in its
order dated 15.04.2020. In terms of the aforesaid order of the Apex Court, a detenue who has already remained in jail/detention centres for more than
two years, is liable to be released on his furnishing personal bond and surety. This order has been continuously followed by this Court.
Technically the order, however, is not applicable in the present case since the petitioner has not completed two years in detention. As of now he has
completed only 1 year 4 months in detention.
However, only on consideration of the unusual, strange and difficult situation of COVID-19 pandemic which is in its second wave and also on
consideration of the fact that the jails and the detention centres are to be decongested under the present circumstances, we are releasing the petitioner
on interim bail for a period of three months. The period of three months shall be calculated from the date of release of the petitioner on interim bail.
Consequently, we direct that the present petitioner be released on interim bail on his furnishing personal bond of Rs.5000/- and one surety of like
amount.
The other conditions which are already there in the order dated 15.04.2020 passed in WP(C) (Suo Moto) No.1/2020 will apply in the present case as
well.
It is made clear that the petitioner shall duly surrender before the Superintendent of Police, Diphu immediately after completion of three months from
the date of his release.
List on 27.09.2021.