Page No.# 1/5 GAHC010274822024 2025:GAU-AS:1788 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: I.A.(Civil)/112/2025 MANOWARA KHATUN D/O MAINUDDIN W/O ASUR @ ASURUDDIN VILLAGE SATRAKANARA PS BAGHBARI DIST BARPETA ASSAM VERSUS THE UNION OF INDIA AND 7 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI 110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 781006 3:THE ELECTION COMMISSION OF INDIA NEW DELHI 4:THE STATE CO ORDINATOR NRC ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI 781005 Page No.# 2/5 5:THE STANDING COUNSEL SPECIAL F.T AND BORDER 6:THE DEPUTY COMMISSIONER BARPETA ASSAM 7:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM 781301 8:THE OFFICER IN CHARGE BAGHBAR POLICE STATION BARPETA ASSAM ------------ Advocate for : MR S ISLAM Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS. Linked Case No. : WP(C)/6959/2024 MANOWARA KHATUN D/O MAINUDDIN, W/O ASUR @ ASURUDDIN, VILLAGE SATRAKANARA, PS BAGHBARI, DIST BARPETA, ASSAM VERSUS THE UNION OF INDIA AND 7 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 781006 3:THE ELECTION COMMISSION OF INDIA NEW DELHI 4:THE STATE CO ORDINATOR NRC ASSAM ACHYUT PLAZA Page No.# 3/5 BHANGAGARH GUWAHATI 781005 5:THE STANDING COUNSEL SPECIAL F.T AND BORDER 6:THE DEPUTY COMMISSIONER BARPETA ASSAM 7:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM 781301 8:THE OFFICER IN CHARGE BAGHBAR POLICE STATION BARPETA ASSA Advocate for the Petitioner : MR. P RAHMAN, MR. A.H. MONDAL,MR S ISLAM Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 20.02.2025 (K.R. Surana, J) Heard Mr. S. Islam, learned for the applicant. Also heard Mr. A.K. Dutta, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Ms. P. Barua, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant is seeking release/bail from the Transit Camp at Matia, Goalpara, where she is detained since 19.12.2024 pursuant to opinion dated 21.05.2022, passed by the learned Page No.# 4/5 Member, Foreigner’s Tribunal No-6, Barpeta in F.T. Case No. 163/2016, corresponding to reference Case No. 734/C/98. 3. The prayer for bail is opposed by the learned standing counsel for the Home Department on the ground that it has taken a lot of effort for the Superintendent of Police (Border), Barpeta and the district administration to apprehend the applicant. 4. Considering that the applicant has been taken into custody since 19.12.2024 and has suffered detention for about 2 (two) months, the Court is of the considered opinion that the applicant, namely, Manowara Khatun 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), Barpeta 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), Barpeta 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), Barpeta to have the applicant released from the Transit Camp within 3 (three) days from the date of receipt of certified copy of this order. 6. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of Superintendent of Police (Border), Barpeta without prior Page No.# 5/5 written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Barpeta to move this Court for cancellation of bail. 7. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant