Allowed

Riaj Uddin v. Union of India and 5 Ors.

Gauhati HC14 May 2018I.A.(Civil)/1133/2018

Case brief

AI extract

What is this about?

In an interlocutory application under WPC No. 920/2018, the Gauhati High Court granted the petitioner 15 additional days to appear before the Superintendent of Police (Border), Nagaon, to furnish a bail bond and secure release on bail as per a previous order dated 21.02.2018.

What did the court decide?

Granted further 15 days to the petitioner to appear before the Superintendent of Police (Border), Nagaon and furnish the bail bond to remain on bail.

Riaj Uddin Vs Union of India and 5 Ors. — Constitutional and Fundamental Rights | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010065022018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 1133/2018

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In WP(C) No. 920/2018

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RIAJ UDDIN

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S/O- HAZRAT ALI, VILL.- UJANMARI, P.S.- KACHUA, DIST.- NAGAON, ASSAM.

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VERSUS

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1:UNION OF INDIA AND 5 ORS

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TO BE REP. BY SECY. TO THE GOVT. OF INDIA, HOME DEPTT., NORTH BLOCK, NEW DELHI.

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2:STATE OF ASSAM

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TO BE REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPTT., DIPSUR, GHY-6

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3:DEPUTY COMMISSIONER

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NAGAON, ASSAM

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4:ELECTION COMMISSION OF INDIA

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REP. BY DISTRICT ELECTION OFFICER NAGAON ASSAM.

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5:SUPERINTENDENT OF POLICE (BORDER) NAGAON, ASSAM.

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6:STATE CO-ORDINATOR

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NRC, ASSAM, ACHYUT PLAZA BHANGAGARH, GHY-

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Advocate for the Petitioner : MR. N H MAZARBHUIYAN

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Advocate for the Respondent : ASSTT. S.G.I.

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BEFORE

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HONBLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 14-05-2018

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(UJJAL BHUYAN, J)

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Heard Mr. K. Mira, learned counsel for the petitioner and Mr. J. Payeng, learned Special Counsel, Foreigners Tribunal (FT).

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This interlocutory application has been filed for extension of time to the petitioner for appearance before the Superintendent of Police (Border), Nagaon in terms of order dated 21.02.2018 passed by this Court in WP(C) No. 920/2018.

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Be it stated that by order dated 04.10.2017 passed in FT Case No. 3236/2011, Foreigners Tribunal (Second), Nagaon declared the petitioner to be a foreigner of post 25.03.1971 stream.

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This order is under challenge in the related writ petition i.e. WP(C) No. 920/2018 wherein the following order was passed on 21.02.2018:-

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“ Issue notice, returnable six weeks.

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Ms. P. Baruah, learned Central Govt. Counsel, accepts notice on behalf of respondent No.1 whereas Mr. J. Payeng, learned Special Counsel, FT accepts notice on behalf of respondent Nos.2, 4 and 5. Mr. A.I. Ali, learned counsel, accepts notice on behalf of respondent No.3 and Ms. A. Verma, learned counsel, appears for respondent No.6.

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Extra copies within three days.

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Registry to call for the LCR of FT Case No.3236/2011 from the Foreigners Tribunal (2nd), Nagaon.

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In the meanwhile, petitioner shall not be taken into custody and deported from India. However, petitioner shall appear before the Superintendent of Police (Border), Nagaon within 15 days from today and furnish bail bond of Rs.5,000/- with one surety of the like amount to the satisfaction of the said authority whereafter he shall be allowed to remain on bail.”

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Learned counsel for the petitioner submits that there was delay in communication of the said order by the Advocate on record to the petitioner because of which petitioner could not arrange the bail bond and the bailor at the eleventh hour.

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After hearing learned counsel for the parties and on due consideration, we grant further 15 days time to the petitioner Riaj Uddin to appear before the Superintendent of Police

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(Border), Nagaon in terms of order dated 21.02.2018 whereafter he shall be allowed to remain on bail on the terms and conditions mentioned in the above order.

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Interlocutory application is disposed of.

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JUDGE JUDGE

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Riaj Uddin v. Union of India and 5 Ors.

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Riaj Uddin v. Union of India and 5 Ors.

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