Disposed

Meherun Nessa @ Mehar v. Union of India and 5 Ors.

Gauhati HC5 Feb 2020I.A.(Civil)/161/2020

Case brief

AI extract

What is this about?

Modified a prior order to direct the petitioner, lodged in Jorhat Central Jail, to appear before the Foreigners Tribunal at Tinsukia on 18.02.2020 instead of Dibrugarh, mandating a 60-day timeline for proceeding conclusion. Disposed interlocutory application.

What did the court decide?

Modified order to require appearance before Foreigners Tribunal, Tinsukia on 18.02.2020 with a 60-day limit for proceedings.

Meherun Nessa @ Mehar Vs Union of… — Constitutional and Fundamental Rights | Gauhati HC (2020)

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GAHC010006272020

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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) 161/2020

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1:MEHERUN NESSA @ MEHAR

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D/O FARUK ALI, W/O MD. ALOM, R/O NO. BORBIL, P.O. AND P.S. DIGBOI, DIST. TINSUKIA, ASSAM.

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VERSUS

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1:UNION OF INDIA AND 5 ORS.

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REPRESENTED BY THE SECY., MINISTRY OF HOME AFFAIRS, NEW DELHI

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2:STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. ASSAM SECRETARIAT DISPUR GUWAHATI-781006.

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3:ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001.

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4:OFFICE OF THE STATE COORDINATOR OF NRC ASSAM 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI- 781005 KAMRUP(M) ASSAM.

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5:DEPUTY COMMISSIONER TINSUKIA P.O. P.S. AND DIST.- TINSUKIA ASSAM. 6:SUPERINTENDENT OF POLICE (B) TINSUKIA P.O. P.S. AND DIST.- TINSUKIA ASSAM

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Advocate for the Petitioner : MR. R PHUKAN

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

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BEFORE

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HONOURABLE MR. JUSTICE MANOJIT BHUYAN HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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05.02.2020

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(Manojit Bhuyan, J)

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Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned CGC representing respondent no. 1; Ms. B. Das, learned standing counsel, Election Commission representing respondent no. 3; Mr. J. Payeng, learned standing counsel, Foreigners Tribunal representing respondent nos. 2, 5 and 6 and Ms. U. Das, learned standing counsel, NRC representing respondent no. 4.

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The applicant seeks modification of the order dated 27.11.2019 to the extent that the direction made for making appearance before the Foreigners Tribunal, Dibrugarh should read as the Foreigners Tribunal, Tinsukia as the case records are available only before the office of the Foreigners Tribunal, Tinsukia.

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We have perused the material available on record and find that the limited prayer so made is a bona fide and require to be granted.

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Accordingly, we modify our order dated 27.11.2019 by making a direction to the applicant/writ petitioner to now appear before the Foreigners Tribunal, Tinsukia on 18.02.2020. As the applicant/writ petitioner

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is presently lodged at the Jorhat Central Jail, the Superintendent of Police (Border), Tinsukia shall now make necessary arrangement for production of the petitioner before the Foreigners Tribunal, Tinsukia on the aforesaid dated i.e. 18.02.2020. Other directions made in our order dated 27.11.2019 shall remain as it is, save and except that the Tribunal shall now conclude the proceeding within a period of 60 (sixty) days from 18.02.2020.

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The Interlocutory Application stands accordingly disposed of.

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JUDGE

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JUDGE

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Comparing Assistant

Meherun Nessa @ Mehar v. Union of India and 5 Ors.

Case brief

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Meherun Nessa @ Mehar v. Union of India and 5 Ors.

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