Abdul Rahman v. Union Of India

N. Kotiswar Singh, J.:— Heard Mr. A. Matin, learned counsel for the petitioner.

2. Issue notice, returnable within 4(four) weeks.

3. Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned ASGI accepts notice on behalf of respondent No. 1; Ms. Devi also accepts notice on behalf of respondent No. 6 as the learned Standing Counsel, NRC; Mr. J. Payeng, learned Special Counsel, Foreigners Tribunal accepts notice on behalf of respondent Nos. 2 & 4; Ms. K. Phukan, learned Govt. Advocate, Assam accepts notice for respondent No. 3 and Mr. A. Bhuyan, learned Standing Counsel, ECI accepts notice for respondent No. 5.

4. As the respondents are duly represented, no formal steps need be taken in respect of them. However, the petitioner shall serve extra copies to the learned counsel for the respondents.

5. Registry to requisition the case records in respect of F.T.(V) Case No. 1332/16 [S.P. Enquiry No. 16318/98] from the Foreigners Tribunal (5), Darrang, Mangaldai.

6. In the meantime, in the event, if the petitioner has not yet been detained on the strength of the order dated 20.01.2021 passed by the learned Member, Foreigners Tribunal (5), Darrang, Mangaldai in F.T.(V) Case No. 1332/16 [S.P. Enquiry No. 16318/98], the petitioner shall not be taken into custody and deported from India.

7. However, we direct the petitioner to appear before the Superintendent of Police (Border), Darrang within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing his presence. On such appearance, the petitioner shall furnish a bail bond of Rs. 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 finger prints and biometrics of the iris of the petitioner, if so advised.

8. The petitioner shall not leave the jurisdiction of Darrang District without giving details of the place of destination and his place of stay to the Superintendent of Police (Border), Darrang.

9. List the matter after receipt of case records.