Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC appearing for respondent No.1; Ms. A. Verma,
learned Special Counsel, F.T. appearing for respondent Nos.2, 4 & 5; Mr. A. Bhuyan, learned Standing Counsel, ECI, appearing for respondent No.3
and Ms. L. Devi, learned Standing Counsel, NRC appearing for respondent No.6.
This petition has been filed by the petitioner challenging the impugned order dated 04.10.2018 passed by the Foreigners Tribunal 6th, Barpeta in F.T.
Case No.386/2015 (reference Case No.2012/1997), whereby the petitioner has been declared a foreigner.
Let notice be issued, returnable within 4(four) weeks.
No formal steps are called for in respect of the respondents, as they are duly represented. However, extra copies be furnished to learned counsel
appearing for the respondents.
Lower Court records be requisitioned in respect of F.T. Case No.386/2015 (reference Case No.2012/1997) from the Foreigners Tribunal 6th, Barpeta,
Assam.
Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the impugned order dated 04.10.2018 passed
in F.T. Case No.386/2015 (reference Case No.2012/1997) by the Foreigners Tribunal 6th, Barpeta, Assam.
In the meantime, the petitioner, if not already arrested, may not be arrested and deported from India. However, the petitioner shall appear before the
Superintendent of Police (Border), Barpeta within 7(seven) days from today, who may obtain necessary information and documentation as required
under the rules from the petitioner for securing her presence. On such appearance, the petitioner shall furnish a bail bond of Rs. 5,000/- (Rupees five
thousand) with one local surety of the like amount to the satisfaction of the said authority, whereafter, the petitioner shall be allowed to remain on bail.
The concerned Superintendent of Police (Border), Barpeta shall obtain the fingerprints of both hands and biometrics of the iris of the petitioner. The
petitioner also shall not leave the jurisdiction of Barpeta district without furnishing the details of the place of destination and necessary information
including contact number to the Superintendent of Police (Border), Barpeta.
List the matter immediately after receipt of records.