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2026 DAILYLAW 2177 (GAU)

MD. RABIUL HUSSAIN @ RABIUL HOQUE @ MD. RABIYAL HOQUE v. THE UNION OF INDIA AND 5 ORS

I.A.(Civil)/19/2026 · 2026-01-18

Anjan Moni Kalita, Kalyan Rai Surana

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010288222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/19/2026 MD. RABIUL HUSSAIN @ RABIUL HOQUE @ MD. RABIYAL HOQUE S/O LATE TOMEJ UDDIN, R/O VILL- LAKHIPUR, P.S.- KACHUMARA, DIST- BARPETA (ASSAM) VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI- 1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME AND POLITICAL DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER KAMRUP(R) AMINGAON P.S. AND DISTRICT - KAMRUP(R) ASSAM PIN-781031. 4:THE SUPERINTENDENT OF POLICE (B) KAMRUP(R) AMINGAON DISTRICT- KAMRUP(R) ASSAM PIN-781031. 5:THE ELECTION COMMISSIONER OF INDIA Page No.# 2/4 NEW DELHI-1 6:THE STATE CO-ORDINATOR OF NRC OF ASSAM BHANGAGARH GUWAHATI- Advocate for the Petitioner : MD A ALI, MR N ISLAM Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, F.T,SC, NRC Linked Case : WP(C)/4111/2025 MD. RABIUL HUSSAIN @ RABIUL HOQUE @ MD. RABIYAL HOQUE S/O LATE TOMEJ UDDIN R/O VILL- LAKHIPUR P.S.- KACHUMARA DIST- BARPETA (ASSAM) VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SHASTRI BHAWAN TILOK MARG NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME AND POLITICAL DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER KAMRUP(R) AMINGAON P.S. AND DISTRICT - KAMRUP(R) ASSAM PIN-781031. 4:THE SUPERINTENDENT OF POLICE (B) KAMRUP(R) Page No.# 3/4 AMINGAON DISTRICT- KAMRUP(R) ASSAM PIN-781031. 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI-1 6:THE STATE CO-ORDINATOR OF NRC OF ASSAM BHANGAGARH GUWAHATI-5 ------------ Advocate for : MD A ALI Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19.01.2026 (K.R. Surana, J) Heard Mr. A. Ali, learned counsel appearing on behalf of the applicant. Also heard Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel, ECI and Mr. P. Sarma, learned Addl. Senior Government Advocate as well as Mr. G. Sharma, learned Standing Counsel, F.T. 2. The learned counsel for the applicant submits that the necessary parties in the connected writ petition were the District Commissioner of Kamrup (R) and the Superintendent of Police (B), Kamrup (R), Amingaon. Therefore, on an application made by the applicant, this Court, vide order dated 28.11.2025, passed in I.A.(Civil) No. 2578/2025, allowed the impleadment of the said two authorities by replacing respondent nos. 3 & 4 in the writ petition. It is submitted that the consequential amendment of the cause-title, by substitution, has already been made in the connected writ petition. 3. By filing this Interlocutory Application, the applicant, namely Md. Rabiul Hussain @ Rabiul Hoque @ Md. Rabiyal Hoque has prayed for extension of time for assurance of the application before the Superintendent of Police (B), Kamrup, Amingaon and to take bail. 4. In view of the order dated 28.11.2025, passed by this Court in I.A.(Civil) No. 2578/2025, thereby Page No.# 4/4 allowing impleadment of respondent nos. 3 & 4, the Court is inclined to extend further 10(ten) days’ time, from the date of passing of this order, for the applicant to appear before the Superintendent of Police (B), Kamrup, Amingaon and to take bail with bail bond of Rs. 5,000/-(Rupees Five Thousand only) in terms of the directions contained in the order dated 30.07.2025, passed by this Court in WP(C) No. 4111/2025. 5. In the event the applicant appears before the said authority within the stipulated time allowed, the said authority shall do the needful in terms of the order dated 30.07.2025, passed in WP(C) No. 4111/2025. 6. The instant Interlocutory Application stands disposed of. JUDGE JUDGE Comparing Assistant