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2025 Supreme(Online)(Gau) 5642
GAUHATI HIGH COURT
MR. JUSTICE KALYAN RAI SURANA, HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR, JJ
MD ZAKIR HUSSAIN ALIAS JAKIR HUSSAIN – Appellant
Versus
THE STATE OF ASSAM – Respondent
WP(C)/3686/2025
For the Appellants/Petitioners: MR. P BORAH, MRS K M SAIKIA
For the Respondents: DY.S.G.I., GA, ASSAM, SC, ECI, SC, NRC, SC, F.T
Courts have the discretion to grant bail conditionally, with clear obligations imposed on the petitioner to ensure compliance during the bail period.
Headnote:(A) Constitution of India - Article 226 - Writ petition challenging the opinion of the Foreigner’s Tribunal declaring the petitioner as an illegal migrant - The Court grants bail to the petitioner with conditions for appearance and documentation. (Paras 2, 6, 8)
(B) Bail - Conditions for bail - Petitioner required to furnish a bail bond and appear before the Superintendent of Police (Border) for biometric data collection, with potential lapse of bail on non-compliance. (Paras 6, 8)
Facts of the case:
This writ petition was filed by the petitioner against the opinion of the Foreigner’s Tribunal, which declared him as an illegal migrant.
Findings of Court:
The Court inclined to grant bail on conditions that the petitioner appears before the Superintendent of Police and completes necessary documentation.
Issues: The main issue concerns the legality of the petitioner's status as an illegal migrant as determined by the Foreigner’s Tribunal.
Ratio Decidendi: The Court highlighted the importance of the procedural compliance for granting bail, linking it to the petitioner's obligations during the bail period.
Result: Bail granted with conditions.
| Table of Content |
|---|
| 1. court's procedural jurisdiction and timeline for future hearings. (Para 1 , 3 , 8 , 9) |
| 2. legal status of migrant and procedural hearing. (Para 2 , 4) |
| 3. conditions and obligations related to bail. (Para 5 , 7) |
ORDER
27.06.2025 (K.R. Surana, J)
Heard Mr. P. Borah, learned counsel for the petitioner. Also heard Ms. R. Devi, learned CGC, Mr. M. Islam, learned counsel appearing on behalf of Mr. A. I. Ali, learned standing counsel for the ECI, Ms. A. Verma, 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 29.08.2024, passed by the rd learned Member, Foreigner’s Tribunal No. 3 , Nagaon, Assam in F.T. Case No. 570/2016, corresponding to F.T. Case No. 453/12, 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 inclined to grant bail to the petitioner, namely, Md. Zakir Hussain @ Jakir Hussain, 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), Nagaon 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), Nagaon 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), Nagaon, 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), Nagaon, the bail to the petitioner would stand lapsed.
9. List the matter after 4 (four) weeks and/or on receipt of the Tribunal records.
