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2025 DAILYLAW 6312 (GAU)

SAFIA KHATUN v. UNION OF INDIA AND ORS

I.A.(Civil)/422/2025 · 2025-02-27

Kalyan Rai Surana, Malasri Nandi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010014132025 2025:GAU-AS:2043 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/422/2025 SAFIA KHATUN D/O. LT. ZALIL MIAH, W/O. MD. ANAR HUSSAIN, R/O. VILL. GOBARDHANA, P.O. GOBARDHANA, P.S. BARPETA ROAD, DIST. BAKSA, ASSAM. VERSUS UNION OF INDIA AND ORS REP. BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SASTRI BHAWAN, NEW DELHI-110001. 2:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM DEPT OF HOME GUWAHATI ASSAM 3:THE SUPERINTENDENT OF POLICE BARPETA ASSAM 4:THE DEPUTY COMMISSIONER BARPETA ASSA Advocate for the Petitioner : MR MOYNUL HOQUE CHOUDHURY, Advocate for the Respondent : GA, ASSAM, Page No.# 2/4 Linked Case : WP(C)/6850/2017 SAFIA KHATUN D/O. LT. ZALIL MIAH W/O. MD. ANAR HUSSAIN R/O. VILL. GOBARDHANA P.O. GOBARDHANA P.S. BARPETA ROAD DIST. BAKSA ASSAM. VERSUS THE UNION OF INDIA and 3 ORS. REP. BY THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SASTRI BHAWAN NEW DELHI-110001. 2:THE STATE OF ASSAM REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-6. 3:THE SUPERINTENDENT OF POLICE B BARPETA P.O. P.S. and DIST. BARPETA ASSAM PIN-781301. 4:THE DEPUTY COMMISSIONER BARPETA P.O. BARPETA DIST. BARPETA ASSAM PIN-781301. ------------ Advocate for : MR.M HOSSAIN Advocate for : GA ASSAM appearing for THE UNION OF INDIA and 3 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 28.02.2025 (K.R. Surana, J) Heard Mr. M.A. Sheikh, learned counsel for the applicant. Also heard Mr. K. Gogoi, learned CGC; Mr. G. Sarma, learned standing counsel for FT matters and NRC; Mr. A.I. Ali, learned standing counsel for ECI; and Mr. R.K. Talukdar, learned Govt. Advocate appearing for the State respondent. 2. By filing this interlocutory application, the applicant is seeking extension of time to take bail, which was granted by order dated 15.05.2024, passed in WP(C) 6850/2017. 3. The learned counsel for the applicants has submitted that the applicant was at Delhi and therefore, the order could not be communicated to her. 4. The prayer was opposed by the learned standing counsel for the FT matters on the ground that the explanation tendered is absolutely vague and does not inspire confidence of the Court. 5. Nonetheless, one last opportunity is granted to the applicant to appear before the Superintendent of Police (Border), Barpeta within 7 (seven) days from the date of this order and take bail in terms of order dated 15.05.2024, passed in WP(C) 6850/2017. 6. It is provided that in the event the applicant does not appear before the Superintendent of Police (Border), Barpeta within the extended time, this order may not be acted upon and the same would stand recalled. Page No.# 4/4 7. In the event the applicant does not appear before the Superintendent of Police (Border), Barpeta within the time allowed, the said authority shall do the needful in terms of order dated 15.05.2024, passed in WP(C) 6850/2017. 8. This interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant