Allowed

Hare Krishna Biswas v. the State of Assam and 6 Ors.

Gauhati HC15 May 2018I.A.(Civil)/1652/2018

Case brief

AI extract

What is this about?

Petitioner, declared a foreigner by the Foreigners Tribunal and facing deportation proceedings, sought an extension of time to appear before the Superintendent of Police (Border) citing illness. The court allowed the application and granted a 10-day extension.

What did the court decide?

Prayer for extension of time to appear before the Superintendent of Police (Border) within 10 days allowed.

Hare Krishna Biswas Vs the State of… — Constitutional and Fundamental Rights | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010097402018

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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) 1652/2018 in WP(C) NO.2096/2018

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1:HARE KRISHNA BISWAS

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S/O- LT ANIL BISWAS, PERMANENT R/O- VILL- PACHIM KHALOIBHANGA, KALAIKHOWA (PALASHA), MOUZA- KAMPUR, P.O. TETELISARA, P.S. KAMPUR, KAMPUR REVENUE CIRCLE, KAMPUR, DIST- NAGAON, ASSAM, PIN-782426

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VERSUS

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1:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GHY-6, PIN-781006

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2:THE UNION OF INDIA

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REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DELHI-110001

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3:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001

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4:THE STATE CO-ORDINATOR

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NATIONAL REGISTRAR OF CITIZEN (NRC) BHANGAGARH GHY ASSAM PIN-781005

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5:THE DY. COMMISSIONER NAGAON (ASSAM) PIN-782001

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6:THE SUPERINTENDENT OF POLICE (BORDER) NAGAON (ASSAM), PIN-782001

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Page No.# 2/3

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7:THE ENQUIRY OFFICER (BORDER) KAMPUR POLICE STATION KAMPUR NAGAON (ASSAM) PIN-78242

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Advocate for the Petitioner : MRS. M RAJKUMARI

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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 : 15-05-2018

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(Ujjal Bhuyan, J.)

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

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By filing this Interlocutory Application, petitioner seeks extension of time to appear before the Superintendent of Police (Border), Nagaon in terms of order dated 09.04.2018 passed in WP(C) No.2096/2018.

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Be it stated that petitioner was declared to be a foreigner by the Foreigners Tribunal( 9^th ) Nagaon in FT Case No.672/2016 (State Vs. Hare Krishna Das) vide order dated 05.01.2018. This order is under challenge in the related writ petition WP(C) No.2096/2018.

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This Court passed the following order on 09.04.2018:-

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“Issue notice, returnable 6 (six) weeks.

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Mr. J. Payeng, learned counsel accepts notice on behalf of respondent Nos. 1 & 5 to 7; Ms. G. Sarma, learned Central Govt. Counsel accepts notice on behalf of respondent No. 2; Mr. A. I. Ali, learned counsel accepts notice on behalf of respondent No. 3; and Ms. A. Verma, learned counsel accepts notice on behalf of respondent No. 4. Extra copies within 3(three) days.

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Office to requisition the case record of FT Case No. 672/2016 from the Foreigners Tribunal (9th) Nagaon.

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In the meanwhile, petitioner shall not be taken into custody and deported from India. However, he shall appear before the Superintendent of Police (Border), Nagaon within 15 (fifteen) days from today and furnish bail bond of Rs.5,000/- with one local 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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List this case in the admission column along with the LCR on 20.06.2018.”

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Learned counsel for the petitioner submits that because of illness of the petitioner, he could not appear before the Superintendent of Police (Border), Nagaon. In this connection, he has placed on record a medical certificate dated 28.04.2018.

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After hearing learned counsel for the parties and on due consideration, prayer made is allowed.

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Let the petitioner now appear before the Superintendent of Police (Border), Nagaon within 10 days from today whereafter the said authority shall allow the petitioner to remain on bail on the terms and conditions mentioned in the order dated 09.04.2018 as extracted above.

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IA is disposed of.

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JUDGE JUDGE

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Hare Krishna Biswas v. the State of Assam and 6 Ors.

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Hare Krishna Biswas v. the State of Assam and 6 Ors.

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