Ishab Ali @ Isab Ali v. the Union of India and 5 Ors.
Case brief
What is this about?
Gauhati High Court, I.A.(Civil)/3928/2024, order dated 09.01.2025 by K.R. Surana, J (bench with Susmita Phukan Khaund, J): bail granted to declared foreigner pending Article 226 writ challenge to Foreigners’ Tribunal, Bajali opinion dated 27.07.2023 in F.T. Case No 1351/2017 (IM(D)T Case No.1523/02); applicant detained in Transit Camp, Matia, Goalpara since apprehension on 07.08.2024; conditions: Rs.5,000 bail bond with two sureties before SP(Border) Bajali, biometrics (iris, fingerprints, photographs), release within 3 working days of certified copy, no exit from SP(Border) Bajali jurisdiction without written intimation; respondents include Union of India, Election Commission of India, State of Assam, District Commissioner Bajali, SP(B) Bajali, Coordinator NRC; advocates: D. Ghosh (legal aid), DY.S.G.I., J. Sarma CGC, S.T. Khan, J. Payeng, P. Sarma, G. Sarma.
What did the court decide?
The interlocutory application stands allowed; the applicant Ishab Ali @ Isab Ali is enlarged on bail subject to conditions: (a) family members to appear before the Superintendent of Police (Border), Bajali and furnish a bail bond of Rs.5,000/- with two solvent sureties of like amount; (b) the said authority to obtain biometrics (iris of both eyes, fingerprints of both hands, photographs) and necessary information/documentation under the Rules before release; (c) release from the detention centre within three working days from receipt of certified copy of the order; (d) applicant not to leave the territorial jurisdiction of the Superintendent of Police (Border), Bajali without prior written intimation, failing which the authority may move the Court for cancellation of bail.