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2026 DAILYLAW 15420 (GAU)

MOHELA KHATUN v. THE UNION OF INDIA AND ORS

I.A.(Civil)/3235/2026 · 2026-09-27

Kalyan Rai Surana, Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/5 GAHC010199092026 2026:GAU- AS:14450-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3235/2026 MOHELA KHATUN D/O ABDUL KADER W/O JAHIDUL JAIDUL ISLAM, VILL P.O- DHOLPUR, P.S- SIPAJHAR, DIST. DARRANG, ASSAM. PIN-784146. VERSUS THE UNION OF INDIA AND ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-1. 2:THE ELECTION COMMISSION OF INDIA NEW DELHI-1. 3:THE STATE OF ASSAM REP. BY THE COMM. SECY. TO THE GOVT. OF ASSAM HOME DEPT. DISPUR GUWAHATI-6. 4:THE STATE CO-ORDINATION OF NRC BHANGAGARH ASSAM GUWAHATI-5. 5:THE DY COMMISSIONER DISTRICT COMMISSIONER DARRANG ASSAM. 6:THE SUPERINTENDENT OF POLICE B Page No.# 2/5 DARRANG ASSAM 7:THE OFFICER-IN-CHARGE SIPAJHAR POLICE STATION DIST. DARRANG ASSAM Advocate for the Petitioner : MR. M U MAHMUD, MR S H MAHMUD Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, NRC,SC, F.T Linked Case : Review.Pet./28/2021 MOHELA KHATUN D/O ABDUL KADER W/O JAIDUL ISLAM R/O DERGAON VILL. AND P.O. NO. 3 DHOLPUR DIST. DARRANG ASSAM PIN 784145 VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA NEW DELHI-1 3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT.OF ASSAM HOME DEPTT. DISPUR GHY-6 Page No.# 3/5 4:THE STATE COORDINATOR OF NRC BHANGAGARH ASSAM GHY-5 5:THE DY. COMMISSIONER DARRANG DIST- DARRANG ASSAM PIN- 784125 6:THE SUPERINTENDENT OF POLICE (B) DARRANG DIST- DARRANG ASSAM PIN- 784125 7:THE OFFICER-IN-CHARGE SIPAJHAR P.S. DIST- DARRANG ASSAM PIN- 784145 8:DEPEN DEKA ADVOCATE MANGALDOI BAR ASSOCIATION MANGALDOI ASSAM PIN- 784125 ------------ Advocate for : MR. M U MAHMUD Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 28.09.2026 (K.R. Surana, J) Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned CGC; Mr. N. Kalita appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Sr. Govt. Advocate for respondents. 2. By view of this interlocutory application, the applicant who is the review petitioner in the connected review petition has prayed that the Officer- in-Charge, Sipajhar Police Station be directed to accept the appearance of the applicant and not to detain her for lapses in appearing before the said Police Station on certain dates. 3. The learned Standing Counsel for the Border and F.T matters has submitted that they have no objection to the issuance of such direction. However, it is submitted that as the connected review petition is an old pending matter, the same may be taken up for hearing. 4. This court, by order dated 24.11.2021, passed in the connected Review Petition No.28/2021, had allowed the applicant to furnish a bail bond of Rs.5,000/- (Rupees Five Thousand only) with one surety of like amount to the satisfaction of the Superintendent of Police (Border), Darrang and the said authority was permitted to take steps for capturing the fingerprints and biometrics of the iris of the applicant and the applicant was directed not to Page No.# 5/5 leave the jurisdiction of Darang district without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police(Border), Darrang. 5. In view of the nature of order dated 24.11.2021, passed by this Court in the connected review petition, as regular appearance of the applicant before the Superintendent of Police (Border), Darrang, Mangaldai was not ordered, the Superintendent of Police (Border), Darrang shall not insist on regular appearance of the applicant before the said authority. However, the applicant shall strictly comply with the directions contained in the order dated 24.11.2021 and shall not leave the jurisdiction of Darrang District without furnishing the details of the place of destination and other necessary information including contact number to the Superintendent of Police (Border), Darrang. 6. The petitioner shall produce a certified copy of the order before the Superintendent of Police (Border), Darrang, Mangaldai. 7. This interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant