Dismissed

Zonatun Nessa @ Jatun Nesha v. the Union of India and 6 Ors.

Gauhati HC6 Apr 2018I.A.(Civil)/3326/2017

Case brief

AI extract

What is this about?

In bail proceedings, the Gauhati High Court considered an application by a declared illegal foreigner challenging her declaration order. The Court found no need for a new interim order and dismissed the application for bail, stating the applicant would not be released.

What did the court decide?

Interlocutory application for bail is dismissed; no further interim order granting stay on deportation is passed.

Zonatun Nessa @ Jatun Nesha Vs the… — Constitutional and Fundamental Rights | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010043082017

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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) 3326/2017 In WP(C) No.6134/2017

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1:ZONATUN NESSA @ JATUN NESHA

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W/O- SRI ABDUL SALAM, R/O- SANKARDEV NAGAR, DOOMDOOMA, P.O AND P.S- DOOMDOOMA, DIST- TINSUKIA, ASSAM

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VERSUS

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1:THE UNION OF INDIA and 6 ORS

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REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI

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Advocate for the Petitioner : MR.R S MISHRA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON'BLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 06-04-2018

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Ujjal Bhuyan, J.

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Heard Mr. AK Gupta, learned counsel for the applicant and Mr. J Payeng, learned Special Counsel, Foreigners Tribunal (FT).

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This application has been filed for grant of bail to the petitioner, Musstt. Zonatun Nessa @ Jatun Nesha, who is in detention.

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Page No.# 2/2

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Be it stated that by order dated 22.07.2009, passed by the Foreigners Tribunal, Dibrugarh in Case No. FT 52/07 (State Vs. Musstt. Zonatun Nessa), petitioner was declared to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971. This order is under challenge in the related writ petition, being WP(C) No.6134/2017. Petitioner was taken into custody as a declared foreigner on 01.12.2016. We find that petitioner was taken into custody seven years after her declaration as an illegal foreigner. She is now presently lodged in the detention camp at Jorhat. In the related writ petition, this Court had passed an interim order to the effect that petitioner should not be deported from India.

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On due consideration, we are of the view that no further interim order is called for at this stage.

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In such circumstances, we are not inclined to release the petitioner on bail. Interlocutory application is dismissed.

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JUDGE JUDGE

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Biplab

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Comparing Assistant

Zonatun Nessa @ Jatun Nesha v. the Union of India and 6 Ors.

Case brief

What is this about?

What did the court decide?

Zonatun Nessa @ Jatun Nesha v. the Union of India and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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