Disposed

Monowara Khatun v. the Union of India and 5 Ors.

Gauhati HC6 Apr 2018I.A.(Civil)/732/2018

Case brief

AI extract

What is this about?

The Gauhati High Court, in an interlocutory application, directed the Superintendent of Police (Border), Chirang, to accept the applicant's bail bond and adhere to the terms of the High Court order dated 22.09.2017 in the underlying writ petition, disregarding discrepancies in her reference details.

What did the court decide?

Directed the Superintendent of Police (Border), Chirang to accept the bail bond of the applicant within 10 days and allow her to remain on bail.

Monowara Khatun Vs the Union of India and 5 Ors. — Bail and Remand | Gauhati HC (2018)

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GAHC010036202018

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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) 732/2018

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1:MONOWARA KHATUN

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D/O- LT AFANULLA HAQUE AND HALIMAN NESA, BY RELIGION-ISLAM AND A PERMANENT R/O- VILL- CHATIBOR (DEULGURI), P.S. DHALIGAON, DIST- CHIRANG, ASSAM

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS

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

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2:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT.

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DISPUR

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GHY-6

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3:THE DEPUTY COMMISSIONER CHIRANG DISTRICT

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4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-7

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5:THE SUPERINTENDENT OF POLICE (BORDER) CHIRANG

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6:THE OFFICER-IN-CHARGE DHALIGAON POLICE STATION

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DIST- CHIRANG ASSA

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Advocate for the Petitioner : MR B SARKAR

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

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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. B Sarkar, learned counsel for the applicant and Mr. J Payeng, learned Special Counsel, Foreigners Tribunal (FT).

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This application has been filed seeking a direction to the Superintendent of Police (Border), Chirang to accept bail bond of the petitioner.

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Be it stated that petitioner, Monowara Khatun was declared to be an illegal foreigner by the Foreigners Tribunal, Chirang vide order dated 14.07.2017, passed in BNGN/FT/CHR 302/2010 (State Vs. Monowara Khatun).

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This order is under challenge in WP(C) No.6137/2017, wherein the following order was passed on 22.09.2017 : -

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“ Issue notice, returnable 6 (six) weeks.

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Ms. P. Baruah, learned Central Govt. Counsel accepts notice on behalf of respondent No. 1 whereas Ms. D. Das Barman, learned Govt. Advocate accepts notice on behalf of respondent Nos. 2 to 6.

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Extra copies within 3(three) days.

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Office to requisition the case record of Case No. BNGN/FT/CHR/302/10 from the Foreigners’ Tribunal, Chirang.

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In the meanwhile, petitioner shall not be taken into custody and deported from India.

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However, she shall appear before the Superintendent of Police (Border), Chirang within 15 (fifteen) days from today and furnish bail bond of Rs. 5,000/- with on e local surety of the like amount to the satisfaction of the

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said authority whereafter she shall be allowed to remain on bail.”

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Learned counsel for the petitioner submits that in the reference, petitioner was mentioned as Monora Khatun instead of Monowara Khatun and her village was also mentioned as Bhandhupguri instead of Chatibor. It is because of this discrepancy that the Superintendent of Police (Border) refused to accept the bail bond of the petitioner.

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Having heard learned counsel for the parties and on due consideration, including the order dated 22.09.2017, we direct the Superintendent of Police (Border), Chirang to accept the bail bond of the petitioner in terms of the order dated 22.09.2017 within 10 days from today.

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This disposes of the interlocutory application.

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JUDGE JUDGE Biplab

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Monowara Khatun v. the Union of India and 5 Ors.

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Monowara Khatun v. the Union of India and 5 Ors.

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