Page No.# 1/5 GAHC010012202025 2025:GAU-AS:4892-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/192/2025 SAHJAHAN ALI @ SHAJAHAN ALI S/O LATE MINHAJUDDIN ALIAS MINAJUDDIN ALIAS MIRAJUDDIN, PERMANENT RESIDENT OF VILLAGE DOMONI, PO KHAIRABARI, PS BARPETA ROAD, DIST BARPETA, ASSAM, PIN- 781315. VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 110001. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELHI- 110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006. 4:THE DISTRICT COMMISSIONER BARPETA ASSAM- 781301. 5:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM- 781301. 6:THE COORDINATOR Page No.# 2/5 NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI -04 Advocate for the Petitioner : MR. J ABBAS, MS. H G DAS,I HOQUE,MS. B LASKAR Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, F.T,SC, NRC Linked Case : WP(C)/510/2025 SAHJAHAN ALI @ SHAJAHAN ALI S/O LATE MINHAJUDDIN ALIAS MINAJUDDIN ALIAS MIRAJUDDIN PERMANENT RESIDENT OF VILLAGE DOMONI PO KHAIRABARI PS BARPETA ROAD DIST BARPETA ASSAM PIN- 781315. VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI 110001. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NEW DELHI- 110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006. 4:THE DISTRICT COMMISSIONER BARPETA ASSAM- 781301. Page No.# 3/5 5:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM- 781301. 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI -04. ------------ Advocate for : MR. J ABBAS 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 MALASRI NANDI ORDER Date : 23.04.2025 (K.R. Surana, J) Heard Mr. H. Ali, learned for the applicant. Also heard Ms. A. Verma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. None appears for the Union of India. 2. By filing this interlocutory application, the applicant is seeking release/bail from the Transit Camp at Matia, Goalpara, where he is detained since 20.12.2024 pursuant to opinion dated 18.07.2018, passed by the learned Member, Foreigners’ Tribunal No-2nd, Barpeta in F.T. (2nd) Case No. 441/15, corresponding to Ref IM(D)T Case No. 11,390/98. 3. The prayer for bail is opposed by the learned standing counsel for the FT matters on four grounds, first being the inordinate delay in approaching the Page No.# 4/5 Court to challenge the opinion dated 18.07.2018; second ground is that ex facie it appears that the opinion does not warrant any interference; thirdly on the ground that as the applicant has accepted the opinion dated 18.07.2018 without any challenge for about 5 (five) years, and the delay being not satisfactorily explained, the maintainability of the writ petition is being questioned by her; and fourthly, it has taken a lot of effort for the Superintendent of Police (Border), Barpeta and the district administration to apprehend the applicant after 5 (five) years and therefore, if the applicant is released on bail, there is chances that he would once again abscond to evade his arrest in future. 4. Although there is force in the submission made by the learned standing counsel for the FT matters, however, considering that the applicant has been taken into custody since 20.12.2024 and has suffered incarceration about 4 (four) months, the Court is of the considered opinion that the applicant, namely, Sahjahan Ali @ Shajahan Ali 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 his presence. Page No.# 5/5 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 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