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High CourtsDivision Bench(2018) 03 GAU CK 0015

MOHAR UDDIN @ MOHAR ALI vs THE UNION OF INDIA AND 5 ORS

Gauhati High Court · Decided on 7 March 2018

HON’BLE JUDGES
UJJAL BHUYAN, NELSON SAILO
RESULT
Disposed Of
CASE NUMBER
I.A.(Civil) 411 of 2018, WP(C) 7397 of 2017

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Judgment

15 paragraphs · 324 words

1.Heard Mr. MK Hussain, learned counsel for the petitioner and Mr. J Payeng, learned Special Counsel, FT. This application has been filed by the

petitioner for extension of time to appear before the Superintendent of Police (Border), Nagaon in terms of the order dated 3.1.2018 passed by this

Court in WP ( C) 7397 of 2017. Be it stated that by order dated 30.5.017 passed by the Foreigners’ Tribunal (2nd), Nagaon in FT Case No.2031

of 2011 (State â€"vs- Mohar Ali), petitioner was declared to be a foreigner belonging to the 1966 to 1971 stream.

This order is under challenge in WP ( C) No.7397 of 2017. On 3.1.2018, the following order was passed:

“Issue notice, returnable six weeks. Ms. P. Baruah, learned Central Govt. Counsel, accepts notice on behalf of respondent No.1 whereas Mr. S.P.

Choudhury, learned Govt. Advocate, Assam accepts notice on behalf of respondent Nos.2 to 6. Extra copies within three days. Registry to call for the

LCR of FT Case No.2031/2011 from the Foreigners Tribunal (2nd), Nagaon. In the meanwhile, petitioner shall not be taken into custody and deported

from India. However, petitioner shall appear before the Superintendent of Police (Border), Nagaon within 15 days from today and furnish bail bond of

Rs.5,000/- with one surety of the like amount to the satisfaction of the said authority whereafter he shall be allowed to remain on bail.â€​

Learned counsel for the petitioner submits that because of illness, petitioner could not appear before the Superintendent of Police (Border). He

therefore prays for extension of time for appearance. Learned Special Counsel has no objection. Having regard to the above, it is hereby directed that

petitioner shall appear before the Superintendent of Police (Border), Nagaon within 15 days from today and furnish bail bond of Rs.5,000/- with one

surety of the like amount to the satisfaction of the said authority whereafter petitioner shall be allowed to remain on bail. Interlocutory application

stands disposed of.