Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7856 (GAU)

JALAUDDIN v. THE UNION OF INDIA AND 5 ORS

I.A.(Civil)/505/2025 · 2025-02-23

Kalyan Rai Surana, Malasri Nandi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010035012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/505/2025 JALAUDDIN W/O SARIMUDDIN, R/O. VILL. CHAKRABASTI, P.O. BALABARI, P.S. DALGAON, DIST. DARRANG, ASSAM. VERSUS THE UNION OF INDIA AND 5 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA, HOME AFFAIRS DEPTT., NEW DELHI-01. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI 06. 3:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 INDIA. 4:THE STATE CO-ORDINATOR NRC ASSAM. 5:THE DEPUTY COMMISSIONER DARRANG MANGALDOI DIST. DARRANG ASSAM. Page No.# 2/4 6:THE SUPERINTENDENT OF POLICE (B) DARRANG DIST. DARRANG ASSAM Advocate for the Petitioner : MR AHAMMAD ALI, MS. M KHATUN,MS. A MAHANTA,MS K LAHKAR Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, NRC,SC, F.T Linked Case : WP(C)/6298/2018 JALALUDDIN W/O SARIMUDDIN R/O. VILL. CHAKRABASTI P.O. BALABARI P.S. DALGAON DIST. DARRANG ASSAM. VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA HOME AFFAIRS DEPTT. NEW DELHI-01. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI 06. 3:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 INDIA. 4:THE STATE CO-ORDINATOR NRC Page No.# 3/4 ASSAM. 5:THE DEPUTY COMMISSIONER DARRANG MANGALDOI DIST. DARRANG ASSAM. 6:THE SUPERINTENDENT OF POLICE (B) DARRANG DIST. DARRANG ASSAM. ------------ Advocate for : MR A ALI Advocate for : ASSTT.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 24.02.2025 (K.R. Surana, J) Heard Mr. A. Ali, learned counsel for the applicant. Also heard Mr. J. Payeng, learned Standing Counsel for FT matters; Mr. A.I. Ali, learned Standing Counsel for ECI; Mr. P. Sarmah, learned Additional Government Advocate and Mr. R. Talukdar, learned Government Advocate for the State. 2. The nomenclature of respondent No.5 is incorrect and the said authority does not exist. Therefore, on the prayer made by the learned counsel for the applicant, he is permitted to substitute respondent No.5 officer of correct designation by filing an amended cause-title to the AO(J) (FT) Section by 25.02.2025. Thereafter, the certified copy of the order shall be issued. 3. By filing this interlocutory application, the applicant, who was granted bail Page No.# 4/4 by order dated 27.01.2025, by this Court in WP(C) 6298/2018, is seeking an extension of time to take bail. 4. The prayer for extension of time is opposed by the learned Standing Counsel for the FT matters. 5. Be that as it may, although the explanation of the applicant being out of station due to livelihood is absolutely vague and do not inspire any confidence of this Court, nonetheless the Court is inclined to extend 10 (ten) days time from the date of the order, to the applicant, namely, Jalaluddin, to appear before the Superintendent of Police (Border) Darrang, and take bail in accordance with the said order dated 27.01.2025, passed by this Court in WP(C) 6298/2018. 6. In the event the applicant appears before the said authority within the extended time allowed, the Superintendent of Police (Border) Darrang, shall do the needful in terms of the said order dated 27.01.2025, passed in WP(C) 6298/2018. 7. It is made clear that if the applicant does not appear within the extended time, the order extending time shall stand lapsed and recalled and this order need not be acted upon. 8. This interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant