Partly allowed

Puspa Devi v. the Union of India and 5 Ors.

Gauhati HC3 Feb 2020I.A.(Civil)/2094/2019

Case brief

AI extract

What is this about?

In an interlocutory application connected to a writ petition challenging a Foreigners Tribunal opinion, the Gauhati High Court granted interim relief to prevent the applicant's arrest and deportation, subject to appearance before police and furnishing bail.

What did the court decide?

Interim order passed restraining the respondent from taking the applicant into custody or deporting her pending disposal of the writ petition, subject to bail conditions.

Puspa Devi Vs the Union of India and 5… — Constitutional and Fundamental Rights | Gauhati HC (2020)

¶1

Page No.# 1/3

¶2

GAHC010140542019

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : I.A.(Civil) 2094/2019

¶5

1:PUSPA DEVI

¶6

D/O LATE MAKHAN CH. DEY, W/O DEBENDRA MAHATOO, R/O VILL. BALOGARAH, P.O.AND P.S. DHULA, DIST. DARRANG, ASSAM.

¶7

VERSUS

¶8

1:THE UNION OF INDIA AND 5 ORS

¶9

REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF INDIA, HOME AFFAIRS DEPTT., NEW DELHI-01

¶10

2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 06

¶11

3:THE ELECTION COMMISSION OF INDIA NEW DELHI- 01 INDIA

¶12

4:THE STATE COORDINATOR NRC ASSAM

¶13

5:THE DEPUTY COMMISSIONER DARRANG MANGALDOI P.O- MANGALDOI DIST- DARRANG ASSAM PIN- 784125

¶14

Page No.# 2/3

¶15

6:THE SUPERINTENDENT OF POLICE(B) DARRANG P.O- MANGALDOI DIST- DARRANG ASSAM PIN- 78412

¶16

Advocate for the Petitioner : MR A ALI

¶17

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

¶18

:::BEFORE:::

¶19

HON’BLE MR. JUSTICE MANOJIT BHUYAN HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

ORDER

03.02.2020

(Manojit Bhuyan, J)

Heard Mr. A. Ali, learned counsel for the applicant. Also heard Ms. G. Hazarika, learned CGC representing respondent no. 1; Ms. B. Das, learned Standing Counsel, Election Commission, representing respondent no. 3; Mr. A. Kalita, learned Standing Counsel, Foreigners Tribunal, representing respondent nos. 2, 5 & 6; and Ms. A. Verma, learned Standing Counsel, NRC, representing respondent no. 4.

¶24

The applicant/writ petitioner is a lady aged 62 years and have filed the connected writ petition challenging the opinion dated 30.11.2018, passed by the Foreigners Tribunal (4^th ), Darang, Mangaldai, in F.T.(4^th ) Case No. 503/DHL/15.

¶25

This Court while issuing notice on 08.03.2019 had also passed an interim order to the extent that the applicant/writ petitioner shall not be deported.

¶26

In the present application, prayer is made that an interim order to the extent that she may not

¶27

Page No.# 3/3

¶28

be arrested till pending disposal of the present writ petition may also be passed.

¶29

We have considered the statements and averments made in the present application and we are of the opinion that the applicant/writ petitioner is entitled to the prayer so made in the present application.

¶30

Accordingly, as an interim measure, the applicant/writ petitioner Puspa Devi shall not be taken into custody and deported from India, subject to the condition that she shall appear before the Superintendent of Police (Border), Mangaldai within 15 (fifteen) days from today and furnish a bail bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the said authority. A direction is also made to the Superintendent of Police (Border), Mangaldai that as and when the petitioner appears within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and photograph of the petitioner shall be obtained, whereafter she shall be allowed to remain on bail.

¶31

The Interlocutory Application stands disposed of.

¶32

JUDGE

¶33

Comparing Assistant

¶34

JUDGE

Puspa Devi v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Puspa Devi v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Md. Jakir Ali Vs the Union of India and 5 Ors.

Badal Das Vs the Union of India and 7 Ors.

Nausad Ali Vs the Union of India and 5 Ors.

Anjali Rani Paul Vs the Union of India and 9 Ors.

Nurjahan Khatun and 9 Ors. Vs the Union of India and 5 Ors.

Rita Ghosh @ Rita Rani Sen Vs the Union of India and 5 Ors.