MD MOJID ALI @ MOJID ALI MIAH @ MAJID ALI v. THE UNION OF INDIA AND 5 ORS.
I.A.(Civil)/793/2025 · 2025-04-09
Malasri Nandi, Manish Choudhury
body2025
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[ 2025 DAILYLAW 9428 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 9428 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010057442025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/793/2025 MD MOJID ALI @ MOJID ALI MIAH @ MAJID ALI S/O- LATE MOKBUL MIAH @ MOKBUL ALI @ MAKBUL MIAH @ MOGBUL MIAH, R/O- VILL- CHOTTO MOJABARI, P.S- THEN SIDLI NOW BASUGAON, DIST- CHIRANG (BTAD), 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 ASSAM-781006 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASOKA ROAD NEW DELHI-110001 4:THE STATE COORDINATOR OF NRC OFFICE OF THE STATE COORDINATOR NRC ASSAM 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI
Page No.# 2/4 ASSAM-781005 5:THE DISTRICT COMMISSIONER CHIRANG OFFICE OF THE DISTRICT COMMISSIONER CHIRANG DIST- CHIRANG ASSAM-783385 6:THE SUPERINTENDENT OF POLICE (B) CHIRANG ASSA Advocate for the Petitioner : MS. D GHOSH, Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 10.04.2025 (M.Nandi,J) Heard Mr. D. Ghosh, learned for the applicant-petitioner; Mr. B. Chakravarty, learned Central Government Counsel for the opposite party respondent no.1; Mr. G. Sharma, learned Standing Counsel, Home & Political Department & State Coordinator, NRC for the respondent nos.2, 4 and 6; Ms. P. Barua, learned Standing Counsel for the Election Commission of India [ECI] for the opposite party respondent no.3; and Mr. R. Talukdar, learned Junior Senior Government Advocate, Assam for the opposite party-respondent respondent no.5. 2. By filing this interlocutory application, the applicant is seeking release/bail from the detention camp at Matia, Goalpara, where he is detained since 10.01.2025 pursuant to opinion dated 10.01.2025, passed by the learned
Page No.# 3/4 Member, Foreigner’s Tribunal, Chirang, Asaam in F.T. Case No. BNGN/ FT/ CHR/ 1974/ 2008 in BNGN/ B/IM(D)/T/ 1062/ 2002. 3. The prayer for bail is opposed by the learned standing counsel for the F.T. matters. However as it appears that the opinion of the Tribunal was rendered only on 10.01.2025 and the applicant has been taken into custody on the same day, under such backdrop, this Court is of the considered opinion that the applicant, namely, Md.
Mojid Ali @ Mojid Ali Miah @ Majid 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), Chirang 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), Chirang shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the petitioner. c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence. 4. Thereafter, steps shall be taken by the Superintendent of Police (Border), Chirang to have the applicant released from the detention centre within 3
Page No.# 4/4 (three) days from the date of receipt of certified copy of this order. 5. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of Superintendent of Police (Border), Chirang without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Chirang to move this Court for cancellation of bail. 6. This interlocutory application stands allowed. JUDGE JUDGE Comparing Assistant