SIMA RANI SUKLABAIDYA @ SIBANI SUKLABAIDYA v. THE UNION OF INDIA AND ORS
I.A.(Civil)/1148/2025 · 2025-04-09
Malasri Nandi, Manish Choudhury
body2025
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[ 2025 DAILYLAW 10422 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 10422 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/4 GAHC010072972025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1148/2025 SIMA RANI SUKLABAIDYA @ SIBANI SUKLABAIDYA D/O- LATE BROJENDRA SUKLABAIDYA, W/O- DILIP SUKLABAIDYA, R/O- VILL- NORTH BANDARKUNA PART-2, P.O- ERALIGOOL, P.S- PATHERKANDI, DIST- KARIMGANJ, ASSAM VERSUS THE UNION OF INDIA AND ORS REP. BY THE SECRETARY, MIN OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI- 01 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR- 06 3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 4:THE STATE COORDINATOR NRC BHANGAGARH GUWAHATI- 781006 5:THE DEPUTY COMMISSIONER DIST- KARIMGANJ ASSAM 6:SUPERINTENDENT OF POLICE(B) KARIMGANJ
Page No.# 2/4 DIST- KARIMGANJ ASSA Advocate for the Petitioner : P J DAS, MR S DAS Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NRC,SC, ELECTION COMMISSION.,SC, F.T
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER 10.04.2025 [Manish Choudhury, J]
Heard Mr. P.J. Das, learned counsel for the applicant-writ petitioner; Mr. B. Chakravarty, Central Government Counsel [CGC] for the opposite party-respondent no. 1; Mr. G. Sarma, learned Standing Counsel, Home & Political Department & State Coordinator, NRC for the opposite parties-respondent nos. 2, 4 & 6; Mr. M. Islam, learned counsel representing Mr. A.I. Ali, learned Standing Counsel, Election Commission of India [ECI] for the opposite party- respondent no. 3; and Mr. R. Talukdar, learned Junior Government Advocate, Assam for the opposite party-respondent no. 5. 2. The applicant as the writ petitioner, has preferred the connected writ petition, W.P.[C] no. 3733/2018 challenging an order/opinion dated 10.01.2018 passed by the learned Member Foreigners Tribunal-II, Karimganj, Assam in F.T. Case no. 06/2017 [Old F.T. Case no. 33/2016]. During the course of the proceedings, the applicant-writ petitioner was granted interim bail on 13.06.2018 and by a subsequent order dated 24.01.2025, it had been directed that the interim projection granted to the petitioner shall remain in force until further order of this Court. 3. By the order dated 24.01.2025, this Court had also directed the petitioner to appear before the Superintendent of Police [Border], Karimganj, that is, the opposite party-
Page No.# 3/4 respondent no. 6 on or before 14.02.2025, during the office hours along with a certified copy of the order dated 24.01.2025 for capturing the biometrics of iris of both eyes, the fingerprints of both hands and her photograph[s]. It was observed that the opposite party- respondent no. 6 shall also obtain necessary information and documentation as required under the Rules from the applicant-writ petitioner for securing her presence. The order dated 24.01.2025 had made some further observations. 4. The instant interlocutory application is preferred by the applicant-writ petitioner seeking extension of time to comply with the directions made in the order dated 24.01.2025. It has been averred as a ground that after the order dated 24.01.2025, the learned counsel appearing for the applicant-writ petitioner tried to contact the applicant-writ petitioner to convey the directions made in the order dated 24.01.2025 to her. But despite best efforts, the applicant-writ petitioner could not be contacted for a period of about one month. By the time the applicant-writ petitioner could be contacted after about a month, the time period granted by the order dated 24.01.2025 had already expired. 5.
The learned counsel for the opposite parties-respondents have submitted that the grounds urged in this application can be accepted provided the applicant-writ petitioner appear before the opposite party-respondent no. 6 immediately. 6. Having considered the grounds urged in this application regarding failure on the part of the applicant-writ petitioner to comply with the direction made in the order dated 24.01.2025, this Court is of the considered view that the same can be accepted for ends of justice. Accordingly, the instant interlocutory application is allowed. 7. The applicant-petitioner shall appear before the Superintendent of Police [Border], Karimganj on or before 30.04.2025, during the office hours along with a certified copy of this
order for capturing the biometrics of iris of both eyes, the fingerprints of both hands and her photograph[s].
8. Further, the Superintendent of Police [Border], Karimganj shall also obtain necessary
Page No.# 4/4 information and documentation as required under the Rules from the applicant-petitioner for securing her presence.
9. It is made clear that without giving full details of her present address and/or destination, including her mobile/phone number [contact numbers] etc., before the Superintendent of Police [Border], Karimganj and without obtaining any prior written permission from the said authority, the applicant-petitioner shall not leave the jurisdiction of the Superintendent of Police [Border], Karimganj.
10. Failure on the part of the applicant-petitioner to comply with any of the aforesaid directions, the bail granted to her shall stand automatically vacated and she shall be liable to be taken into custody.
JUDGE JUDGE Comparing Assistant