Page No.# 1/4 GAHC010122282025 2025:GAU-AS:8600- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1911/2025 FIROJA KHATUN @ FEROJA BEGUM D/O- SHONA ULLAH SHEIKH, W/O- SHONA UDDIN, PERMANENT R/O- VILLAGE- KALNOI, P.O-MEDORTARI, P.S- FAKIRGANJ, DIST-DHUBRI, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SASTRI BHAWAN, NEW DELHI- 110001. 2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROAD. BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) Page No.# 2/4 5:THE DISTRICT COMMISSIONER P.O AND DIST- DHUBRI ASSAM PIN-783301 6:THE SUPERINTENDENT OF POLICE (B) P.O AND DIST- DHUBRI ASSAM PIN-783301 7:THE OFFICER IN CHARGE FAKIRGANJ POLICE STATION DIST- DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MS. D GHOSH, MS N DEKA,MR. S. K. CHAKMA,MS A HUSSAIN,MS H BETALA,MR A.K. HAJONG Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM BEFORE HON’BLE THE CHIEF JUSTICE (ACTING) MR. LANUSUNGKUM JAMIR HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR O R D E R 25.06.2025 (L.S. Jamir, C.J(Acting)) Heard Ms. D. Ghosh, learned counsel for the applicant. Also heard Ms. P. S. Bhattacharyya, learned CGC, appears for the respondent No. 1; Mr. J. Payeng, learned Standing Counsel, Home Department as well as Standing Counsel, NRC, appears for the respondent Nos. 2, 4, 6 & 7; Mr. M. Kalita, learned counsel appearing on behalf of Mr. P. Baruah, learned Standing Counsel, Election Commission of India, appears for the respondent No. 3 and Mr. R. K. Bora, learned Government Advocate, appears for the respondent No. 5. Page No.# 3/4 2. Being dissatisfied with the impugned opinion dated 24.04.2024 passed by the learned Member, Foreigner’s Tribunal (II), Dhubri in F.T. Case No. 1585/F/16 (arising out of Police Ref. IM(D)T Case No. 559/1998), whereby the Tribunal had opined her to be foreigner under the Foreigners Act, 1946, the applicant as writ petitioner preferred WP(C) No. 5025/2024. 3. By way of the present application, the applicant is praying for an interim protection for a direction to the concerned Authorities not to arrest/detain and deport/push back the applicant during the pendency of WP(C) No. 5025/2024. 4. Pursuant to the order of this Court dated 20.01.2025 passed in WP(C) No.5025/2024, records of F.T. Case No.1585/F/2016 have been received from the Foreigners’ Tribunal No.II, Dhubri. 5. As the records have already been received in the said writ petition, in the interim, the applicant/writ petitioner, namely, Firoja Khatun @ Feroja Begum, if not already detained in custody, shall not be taken into custody and deported from the territory of India, subject to the condition that she shall appear before the Superintendent of Police (Border), Dhubri on or before 10.07.2025 along with a certified copy of this order, during the office hours and shall furnish a bail bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the said authority. 6. On her appearance before the Superintendent of Police (Border), Dhubri, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing her presence. 7. The Superintendent of Police (Border), Dhubri, is further directed that on such appearance of the petitioner within the period indicated above, the Page No.# 4/4 biometrics of the iris of both eyes, the fingerprints of both hands and the photograph(s) of the petitioner shall be obtained, where after, she shall be allowed to remain on bail. 8. It is also made clear that without giving full details of her present address and/or destination, including her mobile/phone number (contact number), before the Superintendent of Police (Border), Dhubri and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border), Dhubri. 9. Failure on the part of the petitioner to comply with any of the aforesaid directions, the bail granted to her shall stand automatically vacated and she shall be liable to be taken into custody. 10. With the above observations, this interlocutory application stands disposed of. JUDGE CHIEF JUSTICE (ACTING) Comparing Assistant