WP(C) 278/2009 BEFORE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr KK Dey, learned counsel appearing for the petitioners. Also heard Mr. S . Chakraborty, learned Central Government Counsel as well as Mr H Rahman, learne d State counsel. Issue notice of motion, returnable on 19.2.2010. Mr Chakraborty accepts notice on behalf of respondent No. 1 and Mr Rahman accept s notice on behalf of respondent Nos. 2, 3, and 4. Extra copies of the writ petition along with annexures appended thereto be furni shed to Mr Chakraborty and Mr Rahman by tomorrow. Petitioners to take steps for service of notice upon respondent No. 5 by registe red post with A/D within three days. It will be appropriate to have the FT. (C) Case No. 33/2007 from the Foreigners Tribunal(1st), Morigaon to appreciate the arguments advanced by the learned cou nsel for the parties. Registry is directed to get the records of the said case i mmediately. Heard learned counsel on the interim relief. It is hereby provided that pending disposal of the writ petition, the petitioners may not be deported from India. H owever, the same will be subject to the condition that the petitioners will surr ender before the Superintendent of Police, Morigaon on or before 29.1.2010, who in turn shall decide as to whether the petitioners should be detained in detenti on camp or in jail till the decision is arrived at in the writ petition. It is m ade clear that if the petitioners furnish adequate security to the satisfaction of the Superintendent of Police, Morigaon, it will be open for him to allow the petitioners to go on bail. However, such surety and/or security must be of such nature that in the event of dismissing the writ petition upholding the order of the Tribunal, no excuse will be entertained that the whereabouts of the petition ers are not known and/or they are not traceable. In other words, in the event of enlarging the petitioners on bail, the Superintendent of Police will ensure the ir presence within the local limits of the jurisdictional Police Station till fu rther order from this Court. Further, the Superintendent of Police, Morigaon sha ll also obtain the photographs, fingerprints and other physical identification o f the petitioners as a necessary precaution. The above order is passed considering the fact that in case order passed by the Tribunal is upheld by this Court with direction to deport the petitioner(s) to B angladesh, the jurisdictional Superintendent of Police shall not face any diffic ulty to trace their whereabouts. Let the matter be listed on 19.2.2010 for admission hearing.