Page No.# 1/5 GAHC010046952025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No: I.A.(Civil)/644/2025 JAHEDUL ISLAM @ JAHIDUL ISLAM S/O- LATE ABDUL KHALEQUE @ ABDUL KHALEQUE MIYA @ A. KHALEQUE MIYA R/O- VILL- DIMAPUR P.S- SORBHOG DIST- BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DELHI- 110001 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 4:THE STATE COORDINATOR OF NRC OFFICE OF THE STATE COORDINATOR Page No.# 2/5 NRC ASSAM 1ST FLOOR ACHYUT PLAZA GS ROAD BHANGAGARH GUWAHATI ASSAM-781005 5:THE DISTRICT COMMISSIONER BARPETA DIST- BARPETA ASSAM 6:THE SUPERINTENDENT OF POLICE (B) BAARPETA ASSAM ------------ Advocate for : MS. D GHOSH (LEGAL AID COUNSEL) Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS. Linked Case No. : WP(C)/1256/2025 JAHEDUL ISLAM @ JAHIDUL ISLAM S/O- LATE ABDUL KHALEQUE @ ABDUL KHALEQUE MIYA @ A. KHALEQUE MIYA, R/O- VILL- DIMAPUR, P.S- SORBHOG, DIST- BARPETA, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI- 110001 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER Page No.# 3/5 NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 4:THE STATE COORDINATOR OF NRC OFFICE OF THE STATE COORDINATOR NRC ASSAM 1ST FLOOR ACHYUT PLAZA GS ROAD BHANGAGARH GUWAHATI ASSAM-781005 5:THE DISTRICT COMMISSIONER BARPETA DIST- BARPETA ASSAM 6:THE SUPERINTENDENT OF POLICE (B) BAARPETA ASSA Advocate for the Petitioner : MS. D GHOSH (LEGAL AID COUNSEL), Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, ECI,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 05.03.2025 (K.R. Surana, J) Heard Ms. D. Ghosh, learned legal aid counsel for the applicant. Also heard Mr. D.J. Das, learned CGC; Mr. G. Sarma, 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. Page No.# 4/5 2. By filing this interlocutory application, the applicant is seeking release/bail from the Transit Camp at Matia, Goalpara, where he is detained since 07.08.2024 pursuant to ex parte opinion dated 28.05.2024, passed by the learned Member, Foreigners Tribunal, Barpeta 11th in Case No. (Bpt/11th) F.T. 1625/2017, arising out of P.E. No. IM(D)T 732/04. 3. The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that the applicant has been declared to be a foreigner of post 25.03.1971 stream and therefore, he could not be allowed to move freely. 4. Considering that the applicant has been taken into custody since 07.08.2024 and has suffered detention for about 7 (seven) months, the Court is of the considered opinion that the applicant, namely, Jahedul Islam @ Jahidul Islam 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 Page No.# 5/5 (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