Allowed

San Miya v. the Union of India and 5 Ors.

Gauhati HC21 Nov 2019I.A.(Civil)/3422/2019

Case brief

AI extract

What is this about?

Gauhati High Court granted bail to an applicant detained under the Foreigners Act following a tribunal declaration. The court imposed conditions including bond execution, biometric collection, and weekly police reporting before closing the application.

What did the court decide?

Release of the applicant from detention subject to executing a bond of Rs. 50,000, fixing an address, capturing biometrics, and reporting weekly to the police.

San Miya Vs the Union of India and 5… — Constitutional and Fundamental Rights | Gauhati HC (2019)

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GAHC010258732019

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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) 3422/2019

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1:SAN MIYA

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S/O NASIM UDDIN @ NACHIM UDDIN, R/O VILL. NO. 2, GORUMARA, P.S. SAMOGURI, DIST. NAGAON, ASSAM.

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VERSUS

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1:THE UNION OF INDIA and 5 ORS.

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REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, NEW DELHI

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-6

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3:THE DEPUTY COMMISSIONER SIVASAGAR P.O. AND DIST. SIVASAGAR ASSAM PIN 785640

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4:THE SUPERINTENDENT OF POLICE (B) SIVASAGAR P.O. AND DIST. SIVASAGAR ASSAM PIN 785640

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5:THE ELECTION COMMISSION OF INDIA NEW DELHI

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TO BE REPRESENTED BY CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-1

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6:THE STATE COORDINATOR OF NATIONAL REGISTRATION ASSAM BHANGAGARH LALCHIT NAGAR GUWAHATI-

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Advocate for the Petitioner : MR. N HAQUE Advocate for the Respondent : ASSTT.S.G.I.

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:: BEFORE ::

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HON’BLE MR. JUSTICE MANOJIT BHUYAN HON’BLE MR. JUSTICE AJIT BORTHAKUR

O R D E R

21.11.2019

(Manojit Bhuyan, J)

Heard Mr. N. Haque, learned counsel for the applicant/writ petitioner as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Mr. A. Kalita, learned counsel represents respondent nos. 2, 3 and 4. Ms. B. Das, learned counsel represents respondent no. 5 whereas Ms. U. Das, learned counsel appears for respondent no.6.

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This is an application seeking release from detention on bail. The applicant/writ petitioner was arrested on 17.08.2017 and is presently lodged at the Jorhat Detention Camp, following declaration made by the Tribunal that he is a foreigner of post 25.03.1971 stream.

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We have heard the learned counsels for the parties and have also perused the materials available on record. We have also gone through the documents annexed to the related writ petition, which were brought on record as exhibits before the Tribunal. On perusal thereof, we are of the considered opinion that a prima facie case is made out for further examination. We also deem it appropriate to pass order for releasing the applicant/writ petitioner on bail from detention. Accordingly, we order release of the

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applicant/writ petitioner Md. San Miya from detention at the Jorhat Detention Camp, subject to the following conditions:

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a) The applicant/writ petitioner shall execute bond with 1(one) surety of Rs.50,000/- (Rupees Fifty Thousand) of Indian citizen,

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b) The applicant/writ petitioner shall specify verifiable address of stay after release,

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c) The biometrics of the iris of both eyes of the applicant/writ petitioner and all 10 (ten) fingerprints and photos shall be captured and stored in a secured database before his release from the Jorhat Detention Camp. The applicant/writ petitioner shall report once every week at the Samoguri Police Station, DistrictNagaon, and

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d) The applicant/writ petitioner shall notify any change of his address to the said Samoguri Police Station on the same day.

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We further order that in case of violation of any of the conditions above, the applicant/writ petitioner will be apprehended and produced before the Foreigners’ Tribunal concerned.

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With the above directions, the Interlocutory Application stands closed.

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The applicant/writ petitioner is permitted to furnish a copy of this order before the concerned Superintendent of Police (Border), Sivasagar, for his doing the needful in terms of the above.

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JUDGE JUDGE

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Comparing Assistant

San Miya v. the Union of India and 5 Ors.

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San Miya v. the Union of India and 5 Ors.

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