01, Nov 2022

The Gauhati High Court has conditionally stayed the arrest and deportation of a man named Nur Islam alias Nur Islam Mondal

GUWAHATI: The Gauhati High Court has conditionally stayed the arrest and deportation of a man named Nur Islam alias Nur Islam Mondal, a resident of Baniabari village under the Golokganj Police Station of the Dhubri district, who was declared as a foreigner by the Member, Foreigners’ Tribunal (FT), Kamrup (Metro) 2nd, on September 30 last year.

The High Court’s directive came in response to a Writ Petition filed by Islam whereby he challenged the FT’s order in Case No. 914/2018, which declared him to be foreigner who entered Assam on or after March 31, 1971.

While giving the petitioner protection form arrest and deportation until further orders, the High Court called for the records of the relevant FT case from the office of the Foreigners’ Tribunal (FT), Kamrup (Metro) 2nd.

The court, however, directed Islam to appear before the Deputy Commissioner of Police (Border), Kamrup (M) on or before November 15 next during the office hours between 10:00 am and 4:30 pm, along with a certified copy of the court’s order. Further, the court directed the Commissioner of Police (Border), Kamrup (M) to obtain necessary information and documentation as required under the Rules from the petitioner for securing his presence.

The court also directed that upon Islam’s appearance, the Deputy Commissioner of Police (Border), Kamrup (M), will take necessary steps for capturing the fingerprints of both hands of the petitioner and biometrics of the irises of both his eyes.

The court also made it clear that Islam cannot leave the jurisdiction of Kamrup (M) without giving full details of his present address and/or destination, along with mobile/phone number (contact number) etc., to the Deputy Commissioner of Police (Border), Kamrup (M) and without obtaining any prior written permission from the police officer in question. The court stated that failure on the part of the petitioner to comply with these directives will empower the authority concerned to take appropriate action against him in accordance with law.

The Original piece may be read here