Sona Uddin Vs the Union of India and 5 Ors. — Writ and Judicial Review | Gauhati HC (2025)

Sona Uddin Vs the Union of India and 5 Ors. — Writ and Judicial Review | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Interlocutory application allowed; applicant Sona Uddin to be enlarged on bail subject to conditions (bail bond of Rs.5,000/- with two solvent sureties of like amount before the SP (Border), Barpeta; biometric capture; restriction on leaving the SP (Border)'s territorial jurisdiction), with release from the detention centre within 3 working days of receipt of the certified copy of the order.

Issue for consideration

Whether the applicant, adjudged a foreigner of post 25.03.1971 by Foreigners' Tribunal No. 11th, Barpeta, and lodged in the Transit Camp, Matia, Goalpara since his apprehension on 02.09.2024, should be enlarged on bail pending consideration of his connected writ petition.

Court's answer

Since perusal of the records required more time, the Court directed that the applicant, Sona Uddin, be enlarged on bail subject to compliance with the stated conditions.

Ratio / Principle

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

Key takeaways

Before release on bail, the Superintendent of Police (Border), Barpeta was to obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant.ratio¶26
Steps were to be taken by the Superintendent of Police (Border), Barpeta to have the applicant released from the detention centre within 3 (three) working days from receipt of the certified copy of the order.ratio¶29
Further condition of bail: the applicant was directed not to leave the territorial jurisdiction of the Superintendent of Police (Border), Barpeta without prior written intimation, failing which that authority could move the Court for cancellation of bail.

Detailed headnote1 paragraphs

Foreigners' Act bail — Gauhati High Court (coram: Justices Kalyan Rai Surana and Susmita Phukan Khaund; order authored by K.R. Surana, J) allowed I.A.(Civil)/3814/2024 and enlarged Sona Uddin on bail. The applicant had been declared a foreigner of post 25.03.1971 by the opinion dated 27.02.2023 of the Member, Foreigners' Tribunal No. 11th, Barpeta, in Case No. (Bpt/11th) F.T. 1815/2017 arising out of IM(D)T Case No.10775/98; he had challenged that opinion in a connected writ petition under Article 226 of the Constitution of India and, since his apprehension on 02.09.2024, was lodged in the Transit Camp, Matia, Goalpara. As perusal of the records required more time, bail was granted subject to: appearance of family members before the Superintendent of Police (Border), Barpeta and furnishing of a bail bond of Rs.5,000/- with two solvent sureties of like amount; capture of iris, fingerprint and photograph biometrics before release; obtaining information/documentation as required under the Rules; release within 3 working days of receipt of the certified copy; and non-departure from the SP (Border), Barpeta's territorial jurisdiction without prior written intimation, failing which cancellation could be sought.

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GAHC010260502024

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

Case No. : I.A.(Civil)/3814/2024

SONA UDDIN S/O LATE SIKIM ALI @ HIKIM ALI R/O VILL- GAMARIGURI P.S. BARPETA ROAD DIST. BARPETA ASSAM

VERSUS

THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DELHI-01.

2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS GOVT. OF ASSAM DISPUR GUWAHATI-06 3:THE DEPUTY COMMISSIONER BARPETA P.O. AND DIST. BARPETA ASSAM PIN-781301

4:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA P.O. AND DIST. BARPETA ASSAM PIN-781301

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5:THE ELECTION COMMISSION OF INDIA

NEW DELHI-01

6:THE STATE COORDINATOR OF NRC

ASSAM HOUSEFED COMPLEX 2ND FLOOR BONPHOOL NAGAR DISPUR GUWAHATI-06 -----------Advocate for : MR. A R SIKDAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

Date : 09.01.2025 (K.R. Surana, J)

Heard Mr. A.R. Sikdar, learned for the applicant. Also heard Mr. J. Sarma, learned CGC for the respondent nos.1; Mr. G. Sarma, learned standing counsel for the FT matters, representing respondent nos.2, 4 and 5; Mr. P. Sarma, learned Additional Senior Govt. Advocate for respondent no.3 and Ms. S.T. Khan, learned counsel appearing on behalf of Ms. P. Baruah, learned standing counsel for the respondent no.6.

By filing the connected writ petition under Article 226 of the Constitution of India, the applicant has assailed the opinion dated 27.02.2023, passed in Case No. (Bpt/11^th ) F.T. 1815/2017 arising out of IM(D)T Case No.10775/98, by the learned Member Foreigners’ Tribunal No. 11^th , Barpeta, by which he was declared to be a foreigner of post 25.03.1971.

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By order dated 09.12.2024, while issuing notice in the connected writ petition, it was provided that the prayer for bail shall be considered on receipt of records.

The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that the opinion rendered by the learned Tribunal is fully justified and that the documents exhibited by the applicant does not linked him with his projected parents and grand-parents and therefore, the applicant has correctly been adjudged as a foreigner.

Be that as it may, taking note of the submissions made by the learned counsel for the applicant that he was apprehended on 02.09.2024 and since then he lodged in the Transit Camp, Matia, Goalpara, the Court is of the considered opinion that as the perusal of the records require some more time, the applicant, namely, Sona Uddin be enlarged 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 Rs.5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority.

b. Before the 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 petitioner.

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

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Thereafter, steps shall be taken by the Superintendent of Police (Border), Barpeta to have the applicant released from the detention centre within 3 (three) working 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.

JUDGE JUDGE

Comparing Assistant