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2025 DAILYLAW 24856 (GAU)

MISMA KHATOON v. THE UNION OF INDIA AND 7 ORS.

I.A.(Civil)/4138/2025 · 2025-12-17

Kalyan Rai Surana, Shamima Jahan

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/6 GAHC010271822025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: I.A.(Civil)/4138/2025 MISMA KHATOON W/O MD. ANOR ALI AND D/O LATE MUNSHI ABDUL JABBAR. RESIDENT OF VILL- LANKAJAN DARJISHEET P.O. NANDAPUR P.S. HOJAI DIST. HOJAI ASSAM PIN-782435 VERSUS THE UNION OF INDIA AND 7 ORS. REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI PIN-110001. 2:THE ELECTION COMMISISON OF INDIA REPRESENTED BY THE CHIEF ELECTORAL OFFICER ASSAM DISPUR GUWAHATI PIN-781006. Page No.# 2/6 3:THE REGISTRAR GENERAL OF INDIA REPRESENTED BY THE STATE COORDINATOR NRC (NATIONAL REGISTER OF CITIZENS) ASSAM ULUBARI GUWAHATI ASSAM PIN-781005. 4:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY HOME DEPARTMENT DISPUR GUWAHATI ASSAM PIN-781006 5:THE DISTRICT COMMISSIONER HOJAI DIST. HOJAI ASSAM PIN-782442 6:THE FOREIGNERS REGISTRATION OFFICER IN THE DISTRICT OF HOJAI DIST. HOJAI ASSAM PIN-782442. 7:THE SUPERINTENDENT OF POLICE (BOARDER) IN THE DISTRICT OF HOJAI DIST. HOJAI ASSAM PIN-782442. 8:THE OFFICER-IN-CHARGE HOJAI POLICE STATION P.O. HOJAI DIST. HOJAI DIST. HOJAI ASSAM PIN-782435 Page No.# 3/6 ------------ Advocate for : ALHAJJ I UDDIN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS. Linked Case No. : WP(C)/7324/2025 MD ANOR ALI ALIAS ANWAR ALI AND 2 ORS. SON OF LATE MOSABIR ALI 2: ABDUL SALAM SON OF MD. ANOR ALI 3: MISMA KHATOON WIFE OF MD. ANOR ALI AND D/O LATE MUNSHI ABDUL JABBAR ALL ARE RESIDENT OF VILL- LANKAJAN DARJISHEET P.O. NANDAPUR P.S. HOJAI DIST. HOJAI ASSAM PIN-78243 VERSUS THE UNION OF INDIA AND 7 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-110001. 2:THE ELECTION COMMISISON OF INDIA REPRESENTED BY THE CHIEF ELECTORAL OFFICER ASSAM DISPUR GUWAHATI PIN-781006. 3:THE REGISTRAR GENERAL OF INDIA REPRESENTED BY THE STATE COORDINATOR NRC (NATIONAL REGISTER OF CITIZENS) ASSAM ULUBARI GUWAHATI ASSAM PIN-781005. 4:THE STATE OF ASSAM Page No.# 4/6 REPRESENTED BY THE COMMISSIONER AND SECRETARY HOME DEPARTMENT DISPUR GUWAHATI ASSAM PIN-781006 5:THE DISTRICT COMMISSIONER HOJAI DIST. HOJAI ASSAM PIN-782442 6:THE FOREIGNERS REGISTRATION OFFICER IN THE DISTRICT OF HOJAI DIST. HOJAI ASSAM PIN-782442. 7:THE SUPERINTENDENT OF POLICE (BOARDER) IN THE DISTRICT OF HOJAI DIST. HOJAI ASSAM PIN-782442. 8:THE OFFICER-IN-CHARGE HOJAI POLICE STATION P.O. HOJAI DIST. HOJAI DIST. HOJAI ASSAM PIN-78243 Advocate for the Petitioner : ALHAJJ I UDDIN, H M I HOQUE,MR ROBIUL HOQUE,MRS. R MOMTAZ Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 18.12.2025 (K.R. Surana, J) Heard Mr. A.I Uddin, learned counsel for the applicants. Also heard Mr. H Gupta, learned CGC; Ms. S. Katakey, learned standing counsel for the ECI; Mr. G. Sharmah, learned standing counsel for the FT matters and NRC; and Mr. P Sarmah, learned Senior Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant, namely, Misma Khatoon who is the petitioner No. 3 in the connected writ petition is praying for bail. 3. It is projected that an ex-parte opinion was pronounced on 10.06.2025, which is assailed with the connected writ petition but the applicant was taken into custody on 24.05.2025 prior to passing of the ex-parte opinion. It is also projected that the petitioner No. 3 is aged 70 years. 4. Although the learned standing counsel for the FT matters and NRC has opposed the prayer for bail, but considering the projection made in the connected writ petition and also taking into account that the petitioner projects herself to be 70 years of age and was arrested on 24.05.2025, prior to the passing of the ex-parte opinion and is presently lodged at the Holding Centre, Charaikhola, Kokrajhar after the rendering of the ex-parte opinion dated 10.06.2025. Hence, the Court is inclined to grant bail to the applicant, namely, Misma Khatoon providing the conditions that : (i) The family members of the applicant shall appear before the Superintendent of Police (Border), Hojai and furnish Page No.# 6/6 bail bond of Rs. 5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority. (ii) Before releasing the applicant on bail, the Superintendent of Police (Border), Hojai shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant. (iii) The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing her presence. 5. Therefore, steps shall be taken by the Superintendent of Police (Border), Hojai to have the applicant released from the Holding Centre, Charaikhola, Kokrajhar within 3(three) days from the date of the receipt of the certified copy of this order. 6. As a further condition of bail, the applicant is directed not to leave the jurisdiction of Superintendent of Police (Border), Hojai without prior written intimation, failing which, it would be open to the Superintendent of Police (Border), Hojai to move this Court for cancellation of bail. 7. Interlocutory Application stands disposed of. JUDGE JUDGE Comparing Assistant