MASUDA BEGUM ALIAS MASHUDA BEGUM v. THE UNION OF INDIA AND ORS
I.A.(Civil)/2311/2025 · 2025-08-03
Kalyan Rai Surana, Rajesh Mazumdar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 16334 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 16334 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010160562025
2025:GAU-AS:10116-DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2311/2025 MASUDA BEGUM ALIAS MASHUDA BEGUM D/O MOJO SHEIKH, W/O BOSIRUL HOQUE, P/R/O VILL-TATIPARA (BORAITARI), P.S.-SUKCHAR, DIST-SOUTH SALMARA-MANKACHAR, ASSAM VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-110001 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 DEPUTY COMMISSIONER SOUTH SALMARA-MANKACHAR PIN-783131 5:THE SUPERINTENDENT OF POLICE (B) SOUTH SALMARA-MANKACHAR PIN-783135
Page No.# 2/5 6:THE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI- Advocate for the Petitioner : MR A W AMAN, MR SARFRAZ NAWAZ,MR S A BARBHUYAN,MR. SURAJIT DAS,MS. P KHATUN Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NRC,SC, ECI,SC, F.T Linked Case : WP(C)/5012/2023 MASUDA BEGUM @ MASHUDA BEGUM D/O MOJO SHEIKH W/O BOSIRUL HOQUE P/R/O VILL-TATIPARA (BORAITARI) P.S.-SUKCHAR DIST-SOUTH SALMARA-MANKACHAR ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI PIN-110001 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
Page No.# 3/5 4:THE DEPUTY COMMISSIONER SOUTH SALMARA-MANKACHAR PIN-783131 5:THE SUPERINTENDENT OF POLICE (B) SOUTH SALMARA-MANKACHAR PIN-783135 6:THE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-4 ------------ Advocate for : A W AMAN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 04.08.2025 (K.R. Surana, J) Heard Ms. R. Khatun, learned counsel for the applicant. Also heard Mr. P.K. Medhi, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. H.K. Hazarika, learned Govt. Advocate for the State respondent. 2.
By filing this interlocutory application, the applicant, namely, Masuda Begum @ Mashuda Begum, who is the petitioner in the connected WP(C) 5012/2023, has prayed for extension of time to comply with the direction contained in the order dated 30.08.2023, passed in the said writ petition to
Page No.# 4/5 appear before the Superintendent of Police (Border), South Salmara, Mankachar and to take bail. 3. One of the reasons assigned by the applicant for not being able to appear and take bail before the Superintendent of Police (Border), South Salmara, Mankachar is that there were some domestic issues, for which she could not appear. The second ground assigned is that the applicant, being poor, naive and studied upto only Class-IV, she is complete oblivious of the nitty-gritty of the legal procedure and now aware of the circumstances, she did not approached the Court all these while. 4. Both the reasons assigned are not found to be good for the applicant not to take bail in compliance of the order dated 30.08.2023, passed in WP(C) 5012/2023. 5. Before this Court, the applicant was represented by learned counsel and it is not the case of the applicant that her learned counsel did not give her the copy of the order or did not advise her what to do after receiving the copy of the order dated 30.08.2023. Therefore, a mere ground that there was certain domestic issues, for which she could not appear before the said police authorities and take bail, cannot be accepted as good ground for not appearing and take bail. 6. Under such circumstances, the Court is disinclined to extend any further time to the applicant to appear before the Superintendent of Police (Border), South Salmara, Mankachar and take bail.
However, as the connected
Page No.# 5/5 writ petition is pending for hearing, it is provided that in the event, the applicant, namely, Masuda Begum @ Mashuda Begum is apprehended, she shall not be deported out of the Country without the order of the Court. 7. This interlocutory application stands dismissed. JUDGE JUDGE Comparing Assistant