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2026 DAILYLAW 6420 (GAU)

MD MUKTADUR ALI ALIAS MD MOKDADUR ROHMAN v. THE UNION OF INDIA AND ORS

I.A.(Civil)/1293/2026 · 2026-05-18

Pranjal Das, Sanjay Kumar Medhi

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/6 GAHC010079682026 2026:GAU-AS:6905- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1293/2026 MD MUKTADUR ALI ALIAS MD MOKDADUR ROHMAN S/O LATE NURUL ISLAM ALIAS NUR ISLAM, R/O VILLAGE- KHOPATI PART- II, (CHOTOBOZRA), P.O- HAZIRHAT, P.S- SUKCHAR, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAMASSAM VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI- 110001 2:THE STATE OF ASSAM RERESENTED BY THE SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROAD BHANGAGARH GUWAHATI Page No.# 2/6 ASSAM PIN- 785001 5:THE DISTRICT COMMISSIONER SIVASAGAR P.O- SIVASAGAR DISTRICT- SIVASAGAR ASSAM PIN- 785640 6:THE DEPUTY COMMSSIONER SOUTH SALMARA MANKACHAR P.O- HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 7:THE SUPERINTENDENT OF POLICE (BORDER) P.O.- SIVASAGAR DISTRICT- SIVASAGAR ASSAM PIN- 785640 8:THE SUPERINTENDENT OF POLICE (BORDER) SOUTH SALMARA MANKACHAR P.O.- HATSINGIMARI DISTRICT- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 9:THE OFFICER-IN-CHARGE OF SUKCHAR POLICE STATION DISTRICT- SOUTH SALMARA MANKACHAR ASSAM PIN- 78313 Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,GA, ASSAM,SC, ECI Linked Case : WP(C)/1623/2026 MD MUKTADUR ALI ALIAS MD MOKDADUR ROHMAN S/O LATE NURUL ISLAM ALIAS NUR ISLAM Page No.# 3/6 R/O VILLAGE- KHOPATI PART-II (CHOTOBOZRA) P.O- HAZIRHAT P.S- SUKCHAR DISTRICT- SOUTH SALMARA MANKACHAR ASSAM VERSUS THE UNION OF INDIA AND 8 ORS REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SHASTRI BHAWAN NEW DELHI- 110001 2:THE STATE OF ASSAM RERESENTED BY THE SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 781006 3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROAD BHANGAGARH GUWAHATI ASSAM PIN- 785001 5:THE DISTRICT COMMISSIONER SIVASAGAR P.O- SIVASAGAR DISTRICT- SIVASAGAR ASSAM PIN- 785640 6:THE DISTRICT COMMSSIONER Page No.# 4/6 SOUTH SALMARA MANKACHAR P.O- HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 7:THE SUPERINTENDENT OF POLICE (BORDER) P.O.- SIVASAGAR DISTRICT- SIVASAGAR ASSAM PIN- 785640 8:THE SUPERINTENDENT OF POLICE (BORDER) SOUTH SALMARA MANKACHAR P.O.- HATSINGIMARI DISTRICT- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 9:THE OFFICER-IN-CHARGE OF SUKCHAR POLICE STATION DISTRICT- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 ------------ Advocate for : MR. M AHMED Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 8 ORS -BEFORE- HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI HON’BLE MR. JUSTICE PRANJAL DAS ORDER 19-05-2026 (S.K Medhi, J) Heard Sri M. Ahmed, learned counsel for the applicant/writ petitioner. Also heard Mr. G. Sarma, learned Standing Counsel appears for the Home Department and NRC. By the present petition, the petitioner has prayed for extension Page No.# 5/6 of time for appearing before the concerned authority as directed vide the order dated 18.03.2026 passed in the connected WP(C) 1623 of 2026. It is contended that vide the aforesaid order dated 18.03.2026, while notice was issued, the petitioner was granted bail, subject to his appearance before the Superintendent of Police, (Border), Jorhat within 10(ten) days. Subsequently, it came to the notice of the petitioner that the concerned authority would be to be the Superintendent of Police (Border), Golaghat and accordingly, I.A. No. 1079 of 2026 was filed, which was also allowed by this Court vide order dated 08.04.2026. Sri Ahmed, learned counsel for the applicant/writ petitioner has submitted that in the meantime, the period of 10(ten) days has expired and therefore, he prays for extension of time. Sri G. Sharma, the learned counsel for the Home Department, has not seriously objected to the aforesaid prayer. He, however, has submitted that a final opportunity be granted for such appearance. In view of the above, after considering the facts and circumstances and hearing, the learned counsel for the parties, we are of the opinion that interest of justice would be served if an extended date is given to the applicant/writ petitioner to appear in terms of the order dated 18.03.2026. We, accordingly, direct the petitioner to appear before the Superintendent of Police Border, (Sivasagar) on or before 01.06.2026. The conditions imposed vide the order dated 18.03.2026 would be applicable provided the Page No.# 6/6 applicant/writ petitioner appears in terms of the today’s order. This interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant