Nural Hoque Mollah @ Nurul Hoque Vs the Union of India and 5 Ors.

5:THE ELECTION COMMISSION OF INDIA NEW DELHI 110001. 6:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH PIN- 781032. -----------Advocate for : MR. A M AHMED Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS.

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI

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ORDER

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07.03.2025

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(K.R. Surana, J)

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Heard Mr. A. M. Ahmed Learned counsel for the petitioner. Also heard Ms. K. Deka, learned counsel appearing on behalf of Ms. R. Devi, learned CGC, Mr. G. Sarma, learned Standing Counsel for FT and NRC, Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned Standing Counsel, ECI, Mr. R. Talukdar, learned Govt. Advocate and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State.

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By filing this interlocutory application, the applicant who has been taken into custody on 20.11.2024, pursuant to ex parte opinion dated 27.06.2024 in

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BNGN/FT-2/APR/875/2022, arising out of P.S.-Jogighopa, BNGN IM(D)T No. 1467/2002, passed by the learned Member, Foreigners Tribunal, Bongaigaon No.2. is praying for bail.

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The learned counsel for the applicants has submitted that the applicant’s petition to vacate the ex parte opinion was also rejected by the order dated 18.01.2025.

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Prayer for bail is opposed by the learned Standing Counsel for the FT matters on the ground that not only the opinion was passed against the applicant, the application for setting aside the ex parte opinion was also rejected, and therefore, he was detected foreigner, ought not to be allowed to roam freely in the State.

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Be that as it may, in view of the nature of projection currently made in this connected writ petition, this Court is inclined to release the applicant namely, Nurul Hoque Mollah @ Nurul Hoque on bail subject to compliance of the following conditions:

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a. The family members of the applicant shall appear before the Superintendent of Police (Border), Bongaigaon and furnish bail bond of Rs.5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority.

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b. Before the releasing the applicant on bail, the Superintendent of Police (Border), Bongaigaon shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner.

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c. The said authority shall also obtain necessary information and

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documentation as required under the Rules from the applicant for securing his presence.

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d. Thereafter, steps shall be taken by the Superintendent of Police (Border), Barpeta to have the applicant released from the detention centre within 3 (three) days from the date of receipt of certified copy of this order.

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As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of Superintendent of Police (Border), Bongaigaon without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Bongaigaon to move this Court for cancellation of bail.

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The learned Standing Counsel for the FT matters has submitted that the nomenclature of respondent No.3 is erroneous.

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Accordingly, the learned counsel for the petitioner prays for and is permitted to substitute the respondent No.3 with the officer of correct designation by submitting a freshly typed out cause-title to the AO(J), FT Section for being incorporated in the writ petition.

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Issuance of certified copy would be subject to amendment of the causetitle.

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In view of the above observation, this interlocutory application stands allowed and disposed of.

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JUDGE JUDGE

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Nural Hoque Mollah @ Nurul Hoque v. the Union of India and 5 Ors.

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Nural Hoque Mollah @ Nurul Hoque v. the Union of India and 5 Ors.

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