Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010014472025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/352/2025 ALI AKBAR S/O- LATE HASEN ALI @ SHEIKH, R/O- VILLAGE- NONK KHAGRABARI, P.S.- GOBARDHANA, DISTRICT- BAKSA, BTR, ASSAM. VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-01.
2:THE ELECTION COMMISSION OF INDIA NEW DELHI-01.
3:THE STATE OF ASSAM REPRESENTED BY THE GOVERNMENT OF ASSAM
HOME DEPARTMENT DISPUR GUWAHATI-06.
4:THE ASSAM STATE CO-ORDINATOR OF NRC BHANGAGARH GUWAHATI-05.
5:THE DEPUTY COMMISSIONER BAKSA DISTRICT- BAKSA ASSAM PIN- 781366.
6:THE SUPERINTENDENT OF POLICE (B) BAKSA
Page No.# 2/3 DISTRICT- BAKSA ASSAM PIN- 781343 Advocate for the Petitioner : MR SHARBESH ALI AHMED, MR F A AHMED,A. KHANAM Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, NRC,SC, ECI
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER Date : 23.06.2026 (K.R Surana, J) Heard Mr. S.A. Ahmed, learned counsel for the applicant. Also heard Mr. A.K. Dutta, learned CGC, Ms. R.B. Bora, learned Junior Government Advocate, Mr. G. Sharma, learned Standing Counsel for F.T. and N.R.C. and Mr. A.I. Ali, learned Standing Counsel, E.C.I. for the respondents.
2. By filing this impugned application, the applicant namely Ali Akbar, being the petitioner in WP(C)/6697/2023 has prayed for extension of time to appear before the Superintendent of Police (B), Barpeta and to take bail in terms of
order dated 22.11.2023 passed in the said writ petition.
3. The learned Counsel for the applicant has submitted that the applicant had reached the Office of the Superintendent of Police (B), Baksa, at Musalpur on 06.12.2023 for furnishing the bail bond. However, his learned Counsel reached the Office of the Superintendent of Police (B), Baksa, at 04:30 pm and while preparing the papers for furnishing the bail bond, it was already 05:30 pm and in the meantime, the Office of the Superintendent of Police, (B) Baksa, was closed.
4. The learned Standing Counsel for FT and Border Matters has opposed the
Page No.# 3/3 prayer.
5. Although it is very hard to accept that the Office of the Superintendent of Police (B), Baksa was closed at 05:30 pm, but, even assuming that on 06.12.2023, the police personnel were not available in the Office of the Superintendent of Police (B), Baksa, after 05:30 pm, but nothing prevented the applicant to approach the said authority on the morning of the next date to take bail because if the applicant was waiting in the Office of the Superintendent of Police, (B), Baksa for the entire day on 06.12.2023, definitely the said authorities would have taken note of the presence of the petitioner on
06.12.2023.
6. Therefore, as the petitioner has approached this Court after about one year two months after 22.11.2023, when the order was passed in WP(C) No. 6697/2023, by filing this application on 23.01.2025, the Court is of the considered opinion that no case is made out for extension of time owing to negligence and laches.
7. Accordingly, this Interlocutory Application stands dismissed.
JUDGE JUDGE Comparing Assistant