Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 13099 (GAU)

SURUJJAN NESSA v. THE UNION OF INDIA

I.A.(Civil)/1696/2025 · 2025-06-01

Kalyan Rai Surana, Malasri Nandi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010111772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1696/2025 SURUJJAN NESSA WIFE OF MD. JAMAL UDDIN, RESIDENT OF VILL- CHARALPARA, POLICE STATION- PATACHARKUCHI, POST OFFICE- BHOUKAMARI, DISTRICT- BARPETA, ASSAM, PIN- 781325 VERSUS THE UNION OF INDIA REPRESENTED BY THE HOME SECRETARY, GOVT. OF INDIA, NEW DELHI 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY CHIEF ELECTION COMMISSIONER NEW DELHI- 110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENSHIP (NRC) ASSAM BHANGAGARH GUWAHATI- 781005 5:THE DEPUTY COMMISSIONER DIST.- BARPETA PIN- 781325 6:THE SUPERINTENDENT OF POLICE (BORDER) Page No.# 2/5 DIST.- BARPETA PIN- 781325 ASSAM 7:THE OFFICER IN CHARGE POLICE STATION- PATACHARKUCHI DISTRICT- BARPETA PIN- 781325 ASSAM 8:THE SUPERINTENDENT OF POLICE (BORDER) BAJALI PATHSALA DIST BAJALI ASASM 78132 Advocate for the Petitioner : MR. N SARKAR, MR A BANERJEE,MR BHUBAN SHARMA Advocate for the Respondent : DY.S.G.I., SC, ELECTION COMMISSION.,SC, F.T,GA, ASSAM,SC, NRC Linked Case : WP(C)/563/2025 SURUJJAN NESSA WIFE OF MD. JAMAL UDDIN RESIDENT OF VILL- CHARALPARA POLICE STATION- PATACHARKUCHI POST OFFICE- BHOUKAMARI DISTRICT- BARPETA ASSAM PIN- 781325 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE HOME SECRETARY GOVT. OF INDIA NEW DELHI 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY CHIEF ELECTION COMMISSIONER NEW DELHI- 110001 3:THE STATE OF ASSAM Page No.# 3/5 REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENSHIP (NRC) ASSAM BHANGAGARH GUWAHATI- 781005 5:THE DEPUTY COMMISSIONER DIST.- BARPETA PIN- 781325 6:THE SUPERINTENDENT OF POLICE (BORDER) DIST.- BARPETA PIN- 781325 ASSAM 7:THE OFFICER IN CHARGE POLICE STATION- PATACHARKUCHI DISTRICT- BARPETA PIN- 781325 ASSAM ------------ Advocate for : MR. N SARKAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 02.06.2025 (K.R. Surana, J) Heard Mr. N. Sarkar, learned counsel appearing for the applicant. Also heard Mr. G. Sarma, learned standing counsel appearing for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned Page No.# 4/5 Standing Counsel for the ECI; Mr. P. Pegu, learned CGC; and Mr. P. Sarma, learned Additional Senior Advocate, Assam. 2. This Court by order dated 14.05.2025 passed in WP(C)/563/2025, this Court had granted bail to the applicant on certain conditions. The applicant is the writ petitioner. 3. The learned counsel for the applicant has submitted that when the applicant approached the Superintendent of Police (B), Barpeta, she was informed that all the records have been sent to the office of Superintendent of Police (B), Bajali at Pathsala in view of change of jurisdiction as the residence of the applicant, which was earlier in Barpeta district, now falls within the Bajali district. 4. Accordingly, the applicant has prayed for impleading the Superintendent of Police (B), Bajali as respondent no. 8 in connection with connected petition. 5. Having heard the learned Standing counsel for the FT matters, the Court is the considered opinion that as the authority to grant bail is the Superintendent of Police (B), Bajali, the prayer made in the interlocutory application is allowed by impleading the Superintendent of Police (B), Bajali as respondent No. 8. 6. Accordingly, the Court is inclined to grant further 10(ten) days from the date of this order to appear before the Superintendent of Police (B), Bajali and to furnish bail bond of Rs.5,000/- (Rupees Five Thousand Only) and to comply with other conditions as contained in the order dated 14.05.2025 passed by this Court in connected WP(C)/563/2025. Page No.# 5/5 7. In the event the applicant approaches the said authority within the time allowed, the Superintendent of Police (B), Bajali shall do the needful in terms of the order dated 14.05.2025, passed in the connected WP(C)/563/2025. 8. The Registry is in receipt of a letter vide letter No. BPTA/B/22/619/634 dated 19.05.2025 from the Superintendent of Police (B), Bapreta. In this regard, no cognizance of a letter can be taken by the Court. Therefore, the Superintendent of Police (B), Barpeta shall be well advised as to the manner in which the said authority may put forth his prayer before the Court. The learned Standing counsel for the FT matters shall communicate a downloaded copy of this order to the Superintendent of Police (B), Barpeta. 9. This order shall be read together with order dated 14.05.2025 passed in connection with connected WP(C)/563/2025. 10. The interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant