In this interlocutory proceeding, the Gauhati High Court dismissed a bail application filed by a petitioner declared a foreigner. Instead of deciding on bail immediately, the Court ordered a listing for the final hearing of the related writ petition later in May.
Interlocutory application dismissed; writ petition listed for admission hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010091452018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1579/2018
1:TAPON DAS
S/O- LT KALIPADA DAS @ KALICHARAN, VILL- FALIMARI, P.O. AND P.S. CHAPAR, DIST- DHUBRI, ASSAM, PIN-783349
VERSUS
1:THE UNION OF INDIA AND 7 ORS
REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI01
2:THE STATE OF ASSAM REP. BY CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR
GHY-6
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT.. DISPUR GHY-6
4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-5
5:THE SUPERINTENDENT OF POLICE (B) DHUBRI ASSAM PIN-783301
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6:THE DY. COMMISSIONER DHUBRI ASSAM PIN-783301
7:THE OFFICER-IN-CHARGE CHAPAR POLICE STATION DIST- DHUBRI ASSAM PIN-783301
8:THE ELECTORAL REGISTRATION OFFICER 27 BILASIPARA EAST LAC PIN-78330
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : ASSTT.S.G.I.
Linked Case : WP(C) 6183/2017
1:TAPON DAS S/O- LATE KALIPADA DAS@ KALICHARAN VILL- FALIMARI P.O AND P.S- CHAPAR DIST- DHUBRI ASSAM PIN- 783349
VERSUS
1:THE UNION OF INDIA and 7 ORS REP. BY THE MIN OF HOME AFFAIRS GOVT OF INDIA NEW DELHI- 01
Advocate for the Petitioner : MR.M U MONDAL
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Advocate for the Respondent : GA ASSAM
BEFORE
HONBLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE NELSON SAILO
ORDER
Date : 11-05-2018
(Ujjal Bhuyan, J.)
Heard Mr. M U Mondal, learned counsel for the petitioner and Mr. J Payeng, learned Special Counsel, Foreigners’ Tribunal (FT).
This application has been filed seeking bail for the petitioner who was taken into custody on 07.08.2015 following his declaration as a foreigner by the Foreigners’ Tribunal (II), Dhubri in FT Case No.160/CPR/2007.
Notice in the related reference was issued on 22.09.2017 with an interim direction that petitioner should not be deported from India. Though observation was made that prayer for bail may be considered on the returnable date, we feel that it would be more appropriate if the entire writ petition is finally heard and decided. We also find that LCR has been received.
In that view of the matter, let the related writ petition WP ( C) No. 6183/2017 be listed for admission hearing in the last week of May, 2018.
Interlocutory application is dismissed.
JUDGE JUDGE
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Comparing Assistant
1 issue framed by the court
Whether the interlocutory application seeking bail for a petitioner declared as a foreigner should be disposed of immediately or listed for final hearing of the writ petition.
Tapon Das
The Union of India
The State of Assam
The Commissioner and Secretary to the Govt. of Assam Home Deptt.
The Director General of Police Assam
The Superintendent of Police (B) Dhubri Assam
Ujjal Bhuyan
Nelson Sailo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
