I.A.(Civil)/2172/2020 of SUKURJAN NESSA @ SUKUR BEGUM @ SUKURJAN BEGUM Vs THE UNION OF INDIA AND 7 ORS. on 22 December 2020

GAHC010178882020

THE GAUHATI HIGH COURT(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/2172/2020

SUKURJAN NESSA @ SUKUR BEGUM @ SUKURJAN BEGUM W/O. LATE EYAKUB ALI, R/O. VILL. KAPOHA, P.S. BARPETA, DIST. BARPETA, ASSAM, PIN- 781301

VERSUS

THE UNION OF INDIA AND 7 ORS. REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI- 110001

2:THE STATE OF ASSAM REP. BY THE SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6

3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 1100014:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S.ROAD BHANGAGARH GHY ASSAM PIN- 781005

5:THE FOREIGNERS TRIBUNAL NO. 1ST

BARPETA ASSAM DIST- BARPETA ASSAM PIN- 7813016:THE DY. COMMISSIONER BARPETA P.O. AND P.S. BARPETA DIST- BARPETA ASSAM PIN- 7813017:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND P.S. BARPETA DIST- BARPETA ASSAM PIN- 7813018:THE OFFICER-IN-CHARGE BARPETA P.S. P.O. BARPETA DIST- BARPETA ASSAM PIN- 78130

Advocate for the Petitioner : MS. D GHOSH

Advocate for the Respondent : ASSTT.S.G.I.

BEFORE

HON’BLE MR. JUSTICE MANASH RANJAN PATHAKHON’BLE MR. JUSTICE SOUMITRA SAIKIA

22-12-2020

(M. R. Pathak, J)

Heard Ms. D. Ghosh, learned counsel for the applicant/petitioner and Ms. B. Sarma, learnedCentral Government counsel, Union of India for the respondent No. 1. Also heard Mr. G. Sarma,learned State counsel for the respondent Nos. 2, 5 to 8 and Ms. B. Das, learned Standing counsel,Election Commission of India for the respondent No. 3 as well as Ms. L. Devi, learned Standingcounsel, NRC for the respondent No. 4.

The applicant as a petitioner preferred the connected writ petition being WP(C) No. 2275/2019challenging the order dated 11.02.2019 passed by the learned Member, Foreigners’ Tribunal No. 1[st],Barpeta, Assam in F.T. Case No. 222/2016 whereby she was declared to be a foreigner who illegallyentered into the territory of Assam, India on or after 25.03.1971.

The Court by order dated 08.04.2019 passed in said WP(C) No. 2275/2019 called for therecords of the case from the concerned Tribunal and in the interim, the Court observed that thepetitioner of said writ petition shall not be taken into custody and deported from India subject to thecondition that she shall appear before the Superintendent of Police (Border), Barpeta within 15 daysfrom the date of the said order and shall furnish a bail bond of Rs. 5,000/- with one local surety of thelike amount to the satisfaction of the said authority and thereafter, she shall be allowed to remain onbail.

As the petitioner remained unrepresented on 3 consecutive occasions, i.e., on 16.10.2020,10.11.2020 and 20.11.2020, the Court by order dated 20.11.2020 recalled and vacated the interimorder that was granted to the petitioner on 08.04.2019. Thereafter, the applicant was taken intocustody on 25.11.2020 and presently, she is detained at Kokrajhar detention center.

By this application, Ms. D. Ghosh, learned counsel for the applicant/petitioner has prayed formodification of the said order dated 20.11.2020 passed in the connected WP(C) No. 2275/2019 andsubmitted that the litigant should not suffer for the fault of his/her counsel. She prayed that the Courtmay be pleased to release the applicant from the Kokrajhar detention center and to allow her toremain on bail until final disposal of said WP(C) No. 2275/2019.

It is seen that in pursuance of the order of the Court dated 08.04.2019 passed in said WP(C)No. 2275/2019, the records of the said F.T. Case No. 222/2016 have already been received by theRegistry.

After hearing the learned counsels for the parties and in view of the above, we propose todispose of the connected writ petition at the motion stage itself.

Accordingly, this I.A.(C) stands disposed of.

JUDGE JUDGE