HACHINA BEGUM @ HASINA BEGUM v. THE UNION OF INDIA AND ORS
I.A.(Civil)/198/2025 · 2025-02-11
Kalyan Rai Surana, Malasri Nandi
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 22277 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 22277 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010274552024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/198/2025 HACHINA BEGUM @ HASINA BEGUM W/O- RIYAJ ALI R/O- VILL.- KATLA PATHAR P.O. CHAPARBORI P.S. AND DIST. BARPETA (NOW BAJALI) ASSAM PIN- 781352. VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SHASTRI BHAWAN TILAK MARG NEW DELHI-110001. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GHY-781006. 4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007. Page No.# 2/5 5:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM FIRST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GHY-781005. 6:THE DISTRICT COMMISSIONER OF BARPETA DIST. BARPETA ASSAM PIN- 781301. 7:THE SUPERINTENDENT OF POLICE (BORDER) OF BARPETA DIST. BARPETA ASSAM PIN- 781301. ------------ Advocate for : MR. J A AHMED Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND ORS Linked Case : WP(C)/6069/2024 HACHINA BEGUM @ HASINA BEGUM W/O- RIYAJ ALI R/O- VILL.- KATLA PATHAR P.O. CHAPARBORI P.S. AND DIST. BARPETA (NOW BAJALI) ASSAM PIN- 781352. VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SHASTRI BHAWAN TILAK MARG NEW DELHI-110001. Page No.# 3/5 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GHY-781006. 4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007. 5:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM FIRST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GHY-781005. 6:THE DISTRICT COMMISSIONER OF BARPETA DIST. BARPETA ASSAM PIN- 781301. 7:THE SUPERINTENDENT OF POLICE (BORDER) OF BARPETA DIST. BARPETA ASSAM PIN- 781301. ------------ Advocate for : MR. J A AHMED Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS
Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 12.02.2025 (K.R. Surana, J) Heard Mr. K. M. Hassan, learned counsel for the applicant. Also heard Ms. B. Sarma, learned CGC, Ms. A. Verma, learned Standing Counsel for the FT matters, Mr. H. Kuli, learned counsel appearing on behalf of Mr.
A.I. Ali, learned Standing Counsel for ECI, Mr. G. Sarma, learned Standing Counsel for the NRC and Mr. P. Sarmah, learned Additional Senior Government Advocate for the State. By filing this interlocutory application, the applicant has prayed for extension of time is granted by the order dated 04.12.2024, in the connected WP(C) No.6069/2024, appeared before the Jurisdictional Superintendent of Police (Border) and take bail. The learned counsel for the applicant has submitted that the address of the applicant was within the jurisdiction of District Barpeta which is now bifurcated and falls within the jurisdiction of District Bajali. Accordingly, by filing this connected I.A.(Civil) No. 197/2025, his prayer to implead the District Commissioner, Bajali as well as the Superintendent of Police (Border), Bajali, as the respondent Nos. 8 and 9 in the connected writ petition has been allowed. Accordingly, the learned counsel for the applicant seeks an extension of
Page No.# 5/5 time to take bail in terms of the order dated 04.12.2024. On hearing the learned counsel for the appearing respondents, prayer is allowed. The time is extended by 10 (ten) days from the date of this order for the applicant to appear before the Superintendent of Police (Border), Bajali and to take bail. In the event that the applicant appears before the said authority, which is newly impleaded respondent No.9, the Superintendent of Police (Border), Bajali, shall do the needful in terms of the order dated 04.12.2024 passed in WP(C) No. 6069/2024. This order shall be read together with order dated 04.12.2024, passed in WP(C) No. 6069/2024. This interlocutory application stands allowed and disposed of. JUDGE JUDGE
Comparing Assistant