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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4170/2025 KHUDEJA KHATOON W/O- ABDUL KASAM R/O- VILL.- BABARATI P.S. KACHUA DIST. NAGAON ASSAM VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE SECRETARY TO THEBRGOVERNMENT OF INDIA MINISTRY OF POLITICALBRAND HOME AFFAIRS NEW DELHI. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN BHAWAN ASHOLA ROAD NEW DELHI-110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006. 4:THE CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI-781006. Page No.# 2/4 5:THE ELECTORAL REGISTRATION OFFICER NAGAN SADAR SUB-DIVN- NAGAON DIST. NAGAON ASSAM 6:THE DISTRICT COMMISSIONER -CUM-DISTRICT ELECTION OFFICER-CUM- ELECTORAL REGISTRATION OFFICER NAGAON P.O. AND DIST. NAGAON ASSAM 7:THE SUPERINTENDENT OF POLICE (BORDER) NAGAON P.O. AND DIST. NAGAON ASSAM 8:THE NATIONAL REGISTER OF CITIZENS (NRC) OFFICE OF THE STATE COORDINATOR BHANGAGARH GUWAHATI ASSAM PIN- 781005. ------------ Advocate for : MS. G BORAH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 19.12.2025 (K.R. Surana, J) Heard Ms. G. Bora, learned counsel for the applicant. Also heard Mr. J. Payeng, learned standing counsel the FT & Border matters; Ms. S. Katakey, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. Page No.# 3/4
2. By filing this interlocutory application, the applicant is seeking release/bail from the Temporary Jail, Matia, Goalpara (Goalpara Detention Camp), where she is detained since 11.12.2025 pursuant to opinion dated 11.12.2025, passed by the learned Member, Foreigners’ Tribunal (2nd), Nagaon, in F.T. Case No. 1917/2011, arising out of S.P Ref. Case No. 1455/98. 3. The prayer for bail/ release from the Temporary Jail, Matia, Goalpara (Goalpara Detention Camp) is opposed by the learned standing counsel for the FT & Border matters. 4.
Considering the projection made in the connected writ petition, the Court is of the considered opinion that the applicant, namely, Khudeja Khatoon be released on bail, subject to compliance of the following conditions: a. The family members of the applicant shall appear before the Superintendent of Police (Border), Nagaon 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 releasing the applicant on bail, the Superintendent of Police (Border), Nagaon shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant. c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing her presence. 5. Thereafter, steps shall be taken by the Superintendent of Police (Border), Nagaon to have the applicant released from the Temporary Jail, Matia, Goalpara (Goalpara Detention Camp) within 3 (three) days from the date of receipt of certified copy of this order. Page No.# 4/4
6. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of the Superintendent of Police (Border), Nagaon without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Nagaon to move this Court for cancellation of bail. 7. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant