Omar Ali @ Omar Ali Shikdar Vs the Union of India and 7 Ors. — Gauhati HC (2025) — LawSathi Research

Omar Ali @ Omar Ali Shikdar Vs the Union of India and 7 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant, Omar Ali @ Omar Ali Shikdar, on bail from the Transit Camp, Matia, Goalpara, subject to: family members furnishing bail bond of Rs.5,000/- with two solvent sureties before the Superintendent of Police (Border), Barpeta; capture of biometrics (iris, fingerprints, photographs) and requisite information/documentation under the Rules; release within 3 days of receipt of certified copy; and a prohibition on leaving the territorial jurisdiction of SP (Border), Barpeta without prior written intimation, failing which cancellation may be sought.

Issue for consideration

Whether the applicant, detained at the Transit Camp, Matia (Goalpara) since 09.08.2024 pursuant to the opinion dated 27.02.2020 of the Member, Foreigners Tribunal No. 1st, Barpeta, ought to be released on bail.

Court's answer

Considering that the applicant has been in custody since 09.08.2024 and has suffered detention of about 7 (seven) months, the Court held that the applicant, Omar Ali @ Omar Ali Shikdar, be released on bail, subject to compliance with specified conditions.

Ratio / Principle

Bail condition: family members of the applicant to appear before the Superintendent of Police (Border), Barpeta and furnish a bail bond of Rs.5,000/- with 2 (two) solvent sureties of like amount, to the satisfaction of that authority.

Key takeaways

Pre-release condition: the Superintendent of Police (Border), Barpeta shall obtain the applicant's biometrics — iris of both eyes, fingerprints of both hands and photographs — and also obtain necessary information and documentation as required under the Rules for securing his presence.ratio¶¶33
Direction: upon compliance, the Superintendent of Police (Border), Barpeta to take steps to have the applicant released from the Transit Camp within 3 (three) days from receipt of certified copy of the order.ratio¶¶35
Further bail condition: the applicant is not to leave the territorial jurisdiction of the Superintendent of Police (Border), Barpeta without prior written intimation; failure would entitle the said authority to move the Court for cancellation of bail.

Detailed headnote1 paragraphs

Gauhati High Court (Kalyan Rai Surana & Malasri Nandi, JJ.; order signed by K.R. Surana, J.) allowed I.A.(Civil)/3807/2024, filed in the matter linked with W.P.(C) No. 6555/2024, by Omar Ali @ Omar Ali Shikdar, who was detained at the Transit Camp, Matia, Goalpara since 09.08.2024 pursuant to the opinion dated 27.02.2020 of the learned Member, Foreigners Tribunal No. 1st, Barpeta in F.T. Case No. 89/18, corresponding to IM(D)T Ref. Case No. 1230/A/98. Considering detention of about 7 (seven) months despite opposition based on the difficulty of apprehending the applicant, the Court released him on bail subject to conditions: family members to furnish a bail bond of Rs.5,000/- with two solvent sureties before the Superintendent of Police (Border), Barpeta; the said authority to capture biometrics (iris of both eyes, fingerprints of both hands, photographs) and obtain information/documentation as required under the Rules; release from the Transit Camp within 3 days of receipt of certified copy; and a bar on leaving the territorial jurisdiction of SP (Border), Barpeta without prior written intimation, breach permitting a cancellation application. Interlocutory application allowed and disposed of. No statute or precedent was cited in the order.

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GAHC010246032024

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

Case No: I.A.(Civil)/3807/2024

OMAR ALI @ OMAR ALI SHIKDAR S/O LATE MONTAZ ALI @ MONTAZ ALI SHIKDAR R/O VILL- TELERIA MOUZA- PAKA P.O.-BHAWANIPUR P.S.-BARPETA DIST- BARPETA ASSAM PIN CODE-781352

VERSUS

THE UNION OF INDIA AND 7 ORS REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA THE MINISTRY OF HOME AFFAIRS NEW DELHI

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

3:THE DIRECTOR GENERAL OF POLICE (ADMN.) ASSAM ULUBARI GUWAHATI-07

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4:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST- BARPETA ASSAM

5:THE DISTRICT COMMISSIONER BARPETA P.O. AND P.S.-BARPETA ASSAM 6:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1

7:THE DISTRICT ELECTION OFFICER BARPETA P.O. AND DIST- BARPETA ASSAM

8:THE STATE CO-ORDINATOR NRC ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI-5 -----------Advocate for : MR. B K SEN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS

Linked Case No. : WP(C)/6555/2024

OMAR ALI @ OMAR ALI SHIKDAR S/O LATE MONTAZ ALI @ MONTAZ ALI SHIKDAR, R/O VILL- TELERIA, MOUZA- PAKA, P.O.-BHAWANIPUR, P.S.-BARPETA, DIST- BARPETA, ASSAM, PIN CODE-781352

VERSUS

THE UNION OF INDIA AND 7 ORS REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA, THE MINISTRY OF HOME AFFAIRS, NEW DELHI

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR GENERAL OF POLICE (ADMN.) ASSAM ULUBARI GUWAHATI-07 4:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST- BARPETA ASSAM 5:THE DISTRICT COMMISSIONER BARPETA P.O. AND P.S.-BARPETA ASSAM 6:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1 7:THE DISTRICT ELECTION OFFICER BARPETA P.O. AND DIST- BARPETA ASSAM 8:THE STATE CO-ORDINATOR NRC ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI- Advocate for the Petitioner : MR. B K SEN, MR A HUSSAIN Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM

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

ORDER

Date : 04.03.2025 (K.R. Surana, J)

Heard Mr. B.K. Sen, learned for the applicant. Also heard Mr. U.K. Goswami, learned CGC; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent.

By filing this interlocutory application, the applicant is seeking release/bail from the Transit Camp at Matia, Goalpara, where he is detained since 09.08.2024 pursuant to opinion dated 27.02.2020, passed by the learned Member, Foreigners Tribunal No. 1^st , Barpeta in F.T. Case No. 89/18, corresponding to IM(D)T Ref. Case No. 1230/A/98.

The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that it has taken a lot of effort for the Superintendent of Police (Border), Barpeta and the district administration to apprehend the applicant.

Considering that the applicant has been taken into custody since 09.08.2024 and has suffered detention for about 7 (seven) months, the Court is of the considered opinion that the applicant, namely, Omar Ali @ Omar Ali Shikdar be released on bail, subject to compliance of the following conditions:

a. The family members of the applicant shall appear before the Superintendent of Police (Border), Barpeta and furnish bail bond of

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Rs.5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority.

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

c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence.

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

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

This interlocutory application stands allowed and disposed of.

JUDGE JUDGE

Comparing Assistant