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2025 DAILYLAW 6074 (GAU)

ISHAB ALI @ ISAB ALI v. THE UNION OF INDIA AND 5 ORS.

I.A.(Civil)/308/2025 · 2025-02-09

Kalyan Rai Surana, Malasri Nandi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010010762025 2025:GAU-AS:1315 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/308/2025 ISHAB ALI @ ISAB ALI SON OF LATE AMSER ALI @ ANSER ALI AND SAYADJAN NESSA, PERMANENT RESIDENT OF VILLAGE- NOONMATI, POST OFFICE- GHILAJARI, POLICE STATION- HOWLY, DISTRICT- BARPETA, 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 THE 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 DISTRICT COMMISSIONER BAJALI ASSAM PIN CODE- 781325 5:THE SUPERINTENDENT OF POLICE (B) BAJALI PIN CODE- 781325 ASSAM 6:THE COORDINATOR Page No.# 2/4 NATIONAL REGISTER OF CITIZENS BHANGAGHAR GUWAHATI- 781004 7:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM PIN 78130 Advocate for the Petitioner : MS. D GHOSH, LEGAL AID COUNSEL Advocate for the Respondent : DY.S.G.I., SC, ELECTION COMMISSION.,SC, F.T,GA, ASSAM Linked Case : WP(C)/6746/2024 ISHAB ALI @ ISAB ALI SON OF LATE AMSER ALI @ ANSER ALI AND SAYADJAN NESSA PERMANENT RESIDENT OF VILLAGE- NOONMATI POST OFFICE- GHILAJARI POLICE STATION- HOWLY DISTRICT- BARPETA 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 THE 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.# 3/4 4:THE DISTRICT COMMISSIONER BAJALI ASSAM PIN CODE- 781325 5:THE SUPERINTENDENT OF POLICE (B) BAJALI PIN CODE- 781325 ASSAM 6:THE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGHAR GUWAHATI- 781004 ------------ Advocate for : MS. D GHOSH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 10.02.2025 (K.R. Surana, J) Heard Ms. D. Ghosh, learned legal aid counsel for the applicant. Also heard Mr. S. S. Roy, learned CGC for the respondent No.1; Ms. P. Barua, learned Standing Counsel, Election Commission of India for the respondent No.2 ; Mr. G. Sarma, learned Standing Counsel, FT matters for the respondent Nos. 3, 5 and 6 and Mr. P. Sarmah, learned Additional Senior Government Advocate for the respondent No.4. It is projected that although by order dated 09.01.2025, passed in I.A. (Civil) No. 3928/2024, this Court had granted bail to the applicant on conditions contained therein, however, when the applicant’s family members appeared before the Superintendent of Police (Border), Bajali, they were informed that Page No.# 4/4 the Jurisdictional Border Police would be the Superintendent of Police (Border), Barpeta, as the applicant is a resident of Barpeta District. Accordingly, by filing this interlocutory application, the applicant seeks to implead Superintendent of Police (Border), Barpeta as the respondent No.7 in the connected WP(C) No. 6746/2024. Having heard the learned counsel for the respondents, the prayer made in this interlocutory application stands allowed. This I.A. stands disposed of. JUDGE JUDGE Comparing Assistant