Page No.# 1/5 GAHC010277672024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7059/2024 BASATAN NESSA @ BASATON NESSA W/O LT. SIKDAR ALI, R/O VILL- SATRAKANARA, P.O.-SATRAKANARA, P.S.- BAGHBAR, DIST- BARPETA, ASSAM, PIN-781308 VERSUS UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI- 1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE DEPUTY COMMISSIONER OF BARPETA DIST- BARPETA ASSAM PIN-781301 4:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM PIN-781301 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1 Page No.# 2/5 6:THE STATE CO-ORDINATOR OF NRC OF ASSAM BHANGAGARH GUWAHATI-5 7:THE OFFICER-IN-CHARGE BAGHBAR POLICE STATION DIST- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. A R SIKDAR, MR. O FARUK,MS M SARMA,MR. S I TALUKDAR Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM Linked Case : I.A.(Civil)/4054/2024 BASATAN NESSA @ BASATON NESSA W/O LT. SIKDAR ALI R/O VILL- SATRAKANARA P.O.-SATRAKANARA P.S.-BAGHBAR DIST- BARPETA ASSAM PIN-781308 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SHASTRI BHAWAN TILOK MARG NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 Page No.# 3/5 3:THE DEPUTY COMMISSIONER OF BARPETA DIST- BARPETA ASSAM PIN-781301 4:THE SUPERINTENDENT OF POLICE (B) BARPETA DIST- BARPETA ASSAM PIN-781301 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1 6:THE STATE CO-ORDINATOR OF NRC OF ASSAM BHANGAGARH GUWAHATI-5 7:THE OFFICER-IN-CHARGE BAGHBAR POLICE STATION DIST- BARPETA ASSAM PIN-781301 ------------ Advocate for : MR. A R SIKDAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : --11.02.2025 (K.R. Surana, J) Heard Mr. A.R. Sikdar, learned for the petitioner. Also heard Mr. G. Pegu, learned CGC for the respondent no.1; Mr. G. Sarma, learned standing counsel, F.T. matters; Mr. P. Sarmah, learned Additional Sr. Government Advocate for the State and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. Ali, learned standing counsel for the ECI, respondent no.5. 2. By filing WP(C) No. 7059/2024 under Article 226 of the Constitution of Page No.# 4/5 India, the petitioner has assailed the impugned opinion dated 31.08.2023, passed by the learned Members, Foreigner’s Tribunal No. 4th, Barpeta in FT Case No. 15/2018, arising out of Ref. FT Case No. 180/2013 and FT Case No. 16/2018 arising out of Ref. IM(D)T Case No. 7725(A), by which the petitioner was declared as an illegal migrant. 3. The learned counsel for the petitioner has referred to the order dated 03.01.2025 and submits that the records from the Tribunal is received and presses the prayer for bail, made in I.A.(C) No.4054/2024. 4. The prayer for bail is opposed by the learned standing counsel for the FT matters. 5. As the examination of the records of the learned Tribunal will require some time, the writ petition is admitted by issuing Rule returnable in forthwith, without requiring the petitioner to take the fresh steps. 6. In the interregnum, the petitioner, namely, Basatan Nessa @ Basaton Nessa, if has not already been detained in custody, shall not be taken into custody and deported from the territory of India, on condition that she shall appear before the Superintendent of Police (Border), Barpeta within 10 (ten) days from today during the office hours and shall furnish a bail bond of Rs. 5,000/- (Rupees five thousand only) with one solvent surety of the like amount to the satisfaction of the said authority. Further, the Superintendent of Police (Border), Barpeta is directed that on appearance of the petitioner within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner shall be obtained, whereafter, she shall be allowed to remain on bail. 7. On her appearance before the Superintendent of Police (Border), Barpeta, as directed above, the said authority shall obtain necessary information and Page No.# 5/5 documentation as required under the Rules from the petitioner for securing her presence. 8. On failure of the petitioner to appear before the Superintendent of Police (Border), Barpeta, the bail to the petitioner would stand lapsed. 9. Accordingly, the IA(C) 4054/2024 is disposed of. 10. The learned standing counsel for the FT matters has submitted that the designation of the Deputy Commissioner, Barpeta (Respondent No. 3) has changed. 11. Accordingly on the prayer made by learned counsel for the petitioner, he is permitted to substitute the respondent no. 3 with the Officer of a correct designation by submitting fresh Cause Title to the AOJ, FT Section within 2 days to be incorporated in the writ petition. 12. List the matter for hearing in the month of May, 2025. JUDGE JUDGE Comparing Assistant