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2025 DAILYLAW 7908 (GAU)

BASED ALI v. THE UNION OF INDIA AND ORS

I.A.(Civil)/497/2025 · 2025-02-19

Kalyan Rai Surana, Malasri Nandi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010035912025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/497/2025 BASED ALI S/O- LATE SAMUR ALI @ SUMURUDDIN @ SAMARUDDIN, RESIDENT OF VILLAGE- KHUDRA BAMUNBORI, P.S.- SARTHEBARI, DISTRICT- BARPETA, ASSAM, PIN- 781312. VERSUS THE UNION OF INDIA AND ORS REP BY THE SECRETARY TO THE GOVT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 2:THE ELECTION COMMISSION OF INDIA GOVT. OF INDIA NEW DELHI- 110001. 3:THE STATE OF ASSAM TO BE REPRESENTED BY SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 4:THE ASSAM STATE CO-ORDINATOR OF NRC BHANGAGARH GUWAHATI-5. 5:THE DEPUTY COMMISSIONER BARPETA Page No.# 2/5 ASSAM PIN- 781301. 6:THE SUPERINTENDENT OF POLICE(B) BARPETA ASSAM PIN- 781301. 7:MD. SHAHIDUL ISLAM ADVOCATE VILL.- PASCHIM MAZDIA P.S.- SARTHEBARI DIST.- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : BURHAN UDDIN LASKAR, Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, ECI Linked Case : WP(C)/5128/2024 BASED ALI S/O- LATE SAMUR ALI @ SUMURUDDIN @ SAMARUDDIN RESIDENT OF VILLAGE- KHUDRA BAMUNBORI P.S.- SARTHEBARI DISTRICT- BARPETA ASSAM PIN- 781312. VERSUS THE UNION OF INDIA AND 6 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF Page No.# 3/5 INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-110001. 2:THE ELECTION COMMISSION OF INDIA GOVT. OF INDIA NEW DELHI- 110001. 3:THE STATE OF ASSAM TO BE REPRESENTED BY SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 4:THE ASSAM STATE CO-ORDINATOR OF NRC BHANGAGARH GUWAHATI-5. 5:THE DISTRICT COMMISSIONER BARPETA ASSAM PIN- 781301 (As amended). 6:THE SUPERINTENDENT OF POLICE(B) BARPETA ASSAM PIN- 781301. 7:MD. SHAHIDUL ISLAM ADVOCATE VILL.- PASCHIM MAZDIA P.S.- SARTHEBARI DIST.- BARPETA ASSAM PIN- 781305 ------------ Advocate for : MR. B U LASKAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 20.02.2025 (K.R. Surana, J) Heard Mr. B.K. Laskar, learned counsel for the applicant. Also heard Mr. A.K. Dutta, learned CGC; Ms. P. Barua, learned standing counsel for the ECI; Mr. J. Payeng, learned standing counsel for the FT matters; and Mr. P. Sarmah, learned Addl. Sr. Govt. Advocate for the State respondent. 2. This interlocutory application has been filed for insertion of F.T. Case no. in the order dated 12.02.2025 passed in WP(C) 5128/2024. It is projected that after obtaining certified copy of this order dated 12.02.2025 applicant had appeared before the Superintendent of Police (Border), Barpeta on 17.02.2025, but as the said order did not contain the concerned Foreigner Tribunal’s case number, bail bond was not accepted. 3. Having heard the learned counsel for the applicant as well as the learned counsel for the respondent, the prayer made in this interlocutory application stands allowed. 4. It is clarified that the applicant is the proceedee in F.T. Case No. 32(III) of 2019, arising out of Ref. IMDT Case No. 329/2001, which was disposed of by an ex-parte opinion dated 24.02.2022, passed by the learned Member, Foreigners’ Tribunal-III, Barpeta. 5. It is further clarified that by an order dated 12.02.2025, bail which was granted to the applicant in connection with the proceeding referred Page No.# 5/5 hereinbefore. 6. Accordingly, it provided that in the event that the applicant appears before the Superintendent of Police (Border), Barpeta within extended period of 10 (ten) days from date of this order, the Superintendent of Police (Border), Barpeta shall do the needful in terms of order dated 12.02.2025 passed in connected WP(C) 5128/2024. 7. The interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant