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2026 DAILYLAW 13395 (GAU)

TOHORA KHATOON v. THE UNION OF INDIA and ORS

I.A.(Civil)/2305/2026 · 2026-08-27

Kalyan Rai Surana, Susmita Phukan Khaund

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010143412026 2026:GAU-AS:12422 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2305/2026 TOHORA KHATOON WO MD HASMAT ALI, RO VILL DIJUVALLE, PS SAMAGURI, DIST NAGAON, ASSAM VERSUS THE UNION OF INDIA and ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA, HOME DEPARTMENT, NORTH BLOCK, NEW DELHI 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT DISPUR GHY 06 3:THE DEPUTY COMMISSIONER NAGAON ASSAM 4:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE DISTRICT ELECTION OFFICER NAGAON ASSAM 5:THE SUPERINTENDENT OF POLICE BORDER NAGAON ASSAM 6:THE STATE CO ORDINATOR Page No.# 2/4 NATIONAL REGISTER OF CITIZENS NRC ASSAM ACHYUT PLAZA BHANGAGARH GHY 78100 Advocate for the Petitioner : MR. S I TALUKDAR, J A SIKDAR,MR. Z H BORA,MR. A R SIKDAR Advocate for the Respondent : DY.S.G.I., SC, F.T,GA, ASSAM,SC, NRC,SC, ECI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28.08.2026 (K.R. Surana, J) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC; Mr. G. Sarma, learned Standing Counsel for the Border and FT matters; Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India and Mr. P. Sarmah, learned Additional Senior Government Advocate. 2. By filing this interlocutory application, the applicant, who is the petitioner in WP(C)/943/2018, has sought for extension of time to appear before the Foreigners Tribunal No. 2, Nagaon, in terms of the order dated 26.04.2023 passed by this Court in WP(C)/948/2018, by which the proceedings of F.T. Case No. 1555/2011 was remanded back to the said learned Tribunal. It is submitted that by paragraph 10 of the said order, the applicant was directed to appear before the Foreigners Tribunal No. 2, Nagaon, on 09.06.2023. Page No.# 3/4 3. In this case, it is projected that the learned counsel’s name is reflected in paragraphs 3 and 4 of this application, who was holding the brief for the applicant, did not inform the applicant/petitioner about the final outcome of WP(C)/948/2018 and the copy of the order was also not provided. Accordingly, the applicant was not aware of the requirement to appear before the learned Tribunal within 09.06.2023, the time allowed by this Court. 4. The learned counsel for the applicant has submitted that in this case application, it has been stated that the applicant has made a complaint before the Bar Council of Assam, Nagaland, Arunachal Pradesh and Mizoram, against the said learned counsel. 5. It is submitted that as per this Court’s order dated 27.07.2026, the applicant had made an enquiry with the Office of the Bar Council of Assam, Nagaland, Arunachal Pradesh and Mizoram and, the applicant was informed that as the Bar Council is not yet functional with the new elected body to take over, there is no development in the complaint already registered. 6. The application is opposed by the learned Standing Counsel for the FT and Border matters, in view of the inordinate delay. 7. In view of the projection that the applicant was not informed about the date of appearance, taking a lenient view of the matter, this Court is inclined to extend the period of time for the applicant to appear before the learned Member, Foreigners Tribunal No. 2, Nagaon, within the outer time limit of 10.09.2026. On the date of appearance, the applicant shall produce a certified Page No.# 4/4 copy of this order before the concerned learned Tribunal. 8. This order shall be read together with the order dated 26.04.2023 passed by this Court in WP(C)/943/2018. 9. This Interlocutory Application stands disposed of. JUDGE JUDGE Comparing Assistant