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2025 DAILYLAW 5341 (GAU)

ARAJ KHAN v. THE UNION OF INDIA AND 5 ORS

I.A.(Civil)/54/2025 · 2025-01-07

Kalyan Rai Surana, Susmita Phukan Khaund

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010002162025 2025:GAU-AS:325 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/54/2025 ARAJ KHAN S/O- LATE RAJAB KHAN, R/O- VILLAGE- DAKSHIN SITOLI, P.S- BAGHBAR, DIST- BARPETA, ASSAM, PIN-781308 VERSUS THE UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SASTRI BHAWAN, NEW DELHI- 110001. 2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIAN NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 3:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 4:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS ASSAM DISPUR GUWAHATI-06 DIST- KAMRUP (M) Page No.# 2/5 5:THE DEPUTY COMMISSIONER P.S AND DIST- BARPETA ASSAM PIN-781301 6:THE SUPERINTENDENT OF POLICE (B) P.S AND DIST- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR S ISLAM, MS. A KAUSHAR,MS J MARIYAM Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM Linked Case : WP(C)/4938/2024 ARAJ KHAN S/O- LATE RAJAB KHAN R/O- VILLAGE- DAKSHIN SITOLI P.S- BAGHBAR DIST- BARPETA ASSAM PIN-781308 VERSUS THE UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SASTRI BHAWAN NEW DELHI- 110001. 2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIAN NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 Page No.# 3/5 3:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6 4:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS ASSAM DISPUR GUWAHATI-06 DIST- KAMRUP (M) 5:THE DEPUTY COMMISSIONER P.S AND DIST- BARPETA ASSAM PIN-781301 6:THE SUPERINTENDENT OF POLICE (B) P.S AND DIST- BARPETA ASSAM PIN-781301 ------------ Advocate for : MR S ISLAM Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 08.01.2025 (K.R. Surana, J) Heard Mr. S. Islam, learned counsel for the applicant. Also heard Mr. A.K. Dutta, learned CGC, appearing for respondent no.1; Ms. P. Baruah, learned standing counsel appearing for respondent no.2, Ms. A. Vema, learned standing counsel appearing for respondent nos. 3 and 6; Mr. G. Sarma, learned standing Page No.# 4/5 counsel for respondent no.4 and Mr. P. Sarma, learned Addl. Senior Govt. advocate appearing for respondent no.5. 2. By order dated 17.12.2024 passed in WP(C) 4938/2024, this Court had granted bail to the applicant, namely, Araj Khan, on conditions as mentioned therein. 3. The learned counsel for the applicant has submitted that although the family members of the applicant appeared before the Superintendent of Police (B), Barpeta and ready to provide the bail bond, but as the order dated 17.12.2024 does not indicate the concerned FT Case number, the bail bond was not accepted. 4. Accordingly, it is clarified that by order dated 17.12.2024, the Court has granted bail to the applicant, who has been taken into custody on 07.08.2024 in connection with opinion rendered in case No. FT (VI)- 346/2015 corresponding to R/ F.T. Case No. 37/2014 passed by the learned Member, Foreigners’ Tribunal No.6, Barpeta in the matter of Md. Araj Khan. 5. Accordingly, it is provided that in the event the family members of the applicant, namely, Araj Khan approach the Superintendent of Police (B), Barpeta in terms of order dated 17.12.2024, the said authority shall accept the bail bond of the applicant, who is presently lodged in the Transit Camp, Matia at Goalpara pursuant to opinion dated 27.09.2018 in FT (VI)- 346/2015 corresponding to R/ F.T. Case No. 37/2014, passed by the learned Member, Foreigners’ Tribunal No.6, Barpeta. This shall be subject to compliance with the other terms and conditions contained in the said order dated 17.12.2024 passed in WP(C) 4938/2024. Page No.# 5/5 6. This order shall be read together with the order dated 17.12.2024 passed in WP(C) 4938/2024. 7. This interlocutory application is allowed and disposed of. JUDGE JUDGE Comparing Assistant