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2025 DAILYLAW 13300 (GAU)

AINAL MANDAL v. THE UNION OF INDIA AND ORS

I.A.(Civil)/1705/2025 · 2025-05-28

Kalyan Rai Surana, Malasri Nandi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010115382025 2025:GAU-AS:6938-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1705/2025 AINAL MANDAL S/O- LT SULEMAN MANDAL, VILL- DOMONI, P.S. BARPETA ROAD, DIST- BARPETA, ASSAM, 781329 VERSUS THE UNION OF INDIA AND ORS REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZEN G.S.ROAD BHANGAGARH GHY-05 5:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSA Advocate for the Petitioner : B BARMAN, MR. H ALI Page No.# 2/5 Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ELECTION COMMISSION. Linked Case : WP(C)/6850/2019 AINAL MANDAL S/O- LT SULEMAN MANDAL VILL- DOMONI P.S. BARPETA ROAD DIST- BARPETA ASSAM 781329 VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZEN G.S.ROAD BHANGAGARH GHY-05 5:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM ------------ Advocate for : MR. M DEKA Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS. Page No.# 3/5 Linked Case : I.A.(Civil)/3752/2024 AINAL MANDAL S/O- LT SULEMAN MANDAL VILL- DOMONI P.S. BARPETA ROAD DIST- BARPETA ASSAM 781329 VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-06 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZEN G.S.ROAD BHANGAGARH GHY-05 5:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM ------------ Advocate for : MR. J ABBAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS. Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 29.05.2025 (K.R. Surana, J) Heard Mr. H. Ali, learned counsel for the applicant. Also heard Mr. M. Adhikari, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant, who is the petitioner in the connected WP(C) 6850/2019, is seeking modification of the order dated 22.05.2025, passed by this Court in I.A.(Civil) No. 3752/2024, arising out the said writ petition. 3. It is submitted that by the said order, this Court had granted bail to the applicant on certain conditions. However, the FT Case number was inadvertently left out in the order, for which the bail bond could not be accepted by the Superintendent of Police (Border), Barpeta. 4. Accordingly, having heard the learned standing counsel for the FT matters, the Court is inclined to allow the prayer for modification of the order dated 22.05.2025 referred above by providing that by order dated 22.05.2025, passed by this Court in I.A.(Civil) No. 3752/2024, arising out of WP(C) 6850/2019, bail was granted to the applicant, namely, Ainal Mandal, who was the proceedee in FT Case No. 169/2017, in which impugned opinion dated Page No.# 5/5 24.04.2019 was passed by the learned Member, Foreigners’ Tribunal (10th), Barpeta. 5. Accordingly, in the event the family members of the applicant appear before the Superintendent of Police (Border), Barpeta and complies with the conditions on which bail was granted by order dated 22.05.2025, passed in I.A. (Civil) No. 3752/2024, the said authority shall treat the order of bail in connection with the FT Case No. 169/2017 and do the needful in terms of the order dated 22.05.2025. 6. This order shall be read together with the order dated 22.05.2025, passed in I.A.(Civil) No. 3752/2024. 7. This interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant