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Gauhati High Court
Sahabuddin Ali vs The Union Of India And 5 Ors on 19 July, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010145972025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3912/2025
SAHABUDDIN ALI
SON OF LATE BABAR ALI, VILL- MISSAMORA TEA ESTATE, P.O.-
RANGAMATI, P.S.-DERGAON, DIST- GOLAGHAT, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS.
REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI
REPRESENTED BY CHIEF ELECTION COMMISSIONER
3:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS OF ASSAM
DISPUR
GUWAHATI-6
4:THE DISTRICT COMMISSIONER
GOLAGHAT
DIST- GOLAGHAT
ASSAM. PIN NO. 785621
5:THE SUPERINTENDENT OF POLICE (B)
GOLAGHAT
DIST- GOLAGHAT
ASSAM. PIN NO. 785621
6:THE OFFICER IN CHARGE
DERGAON POLICE STATION
DIST-GOLAGHAT
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ASSAM. PIN NO.78561
Advocate for the Petitioner : MR. I A TALUKDAR, MR. T HUSSAIN,MR. B HUSSAIN
Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,SC, NRC,GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
19.07.2025
(K.R. Surana, J)
Heard Mr. I. A. Talukdar, learned counsel for the petitioner. Also heard Ms.
L. Devi, learned CGC, Mr. M. Islam, learned counsel appearing on behalf of Mr.
A. I. Ali, learned standing counsel for the ECI, Mr. G. Sarma, learned standing
counsel for the FT matters, and Mr. H. K. Hazarika, learned Govt. Advocate for
the State.
2. By filing this writ petition under Article 226 of the Constitution of India,
the petitioner has assailed the impugned opinion dated 27.12.2024, passed by
the learned Member, Foreigner’s Tribunal, Jorhat (Assam) in Case No. FTG (D)
261/2019, arising out of Police Enquiry No. 31/2019, by which the petitioner
was declared as an illegal migrant.
3. Issue notice returnable in 4 (four) weeks.
4. Requisite extra copies of the writ petition be furnished to the learned
counsel for the respondents in course of the day.
5. Let the relevant records be called for from the concerned Foreigners
Tribunal.
6. The prayer for bail is opposed by the learned Standing Counsel for the FT
matters. Considering the projection made in this writ petition, the Court is
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inclined to grant bail to the petitioner, namely, Sahabuddin Ali, by providing if he
has not already been detained in custody, shall not be taken into custody and
deported from the territory of India, on condition that he shall appear before
the Superintendent of Police (Border), Golaghat within 10 (ten) days from today
during the office hours and shall furnish a bail bond of Rs.5,000/- (Rupees Five
thousand only) with one solvent surety of the like amount to the satisfaction of
the said authority. Further, the Superintendent of Police (Border), Golaghat is
directed that on appearance of the petitioner within the period indicated above,
the biometrics of the iris of both eyes, the fingerprints of both hands and the
photographs of the petitioner shall be obtained, whereafter, he shall be allowed
to remain on bail.
7. On his appearance before the Superintendent of Police (Border), Golaghat,
as directed above, the said authority shall obtain necessary information and
documentation as required under the Rules from the petitioner for securing his
presence.
8. On failure of the petitioner to appear before the Superintendent of Police
(Border), Golaghat, the bail to the petitioner would stand lapsed.
9. List the matter after 4 (four) weeks and/or on receipt of the Tribunal
records.
JUDGE JUDGE Comparing Assistant
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