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2026 DAILYLAW 7889 (GAU)

NAJAR ALI v. THE UNION OF INDIA AND ORS

I.A.(Civil)/1862/2026 · 2026-06-09

Sanjay Kumar Medhi, Shamima Jahan

body2026

Judgment text

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Page No.# 1/7 GAHC010112682026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1861/2026 NAJAR ALI S/O LATE LATE KALU SEKH, PERMANENT RESIDENT OF VILLAGE BUNMAJA PATHAR, . BILASIPARA BAZAR, P.S. GOBARDHANA, DISTRICT BAKSA BTAD, ASSAM, PIN-781315. VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI-110001. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006. 4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007. 5:THE STATE CO ORDINATOR NATIONAL REGISTER OF CITIZENS NRC Page No.# 2/7 ASSAM FIRST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI-781005. 6:THE DISTRICT COMMISSIONER OF BARPETA DISTRICT BARPETA ASSAM PIN-781301. 7:THE SUPERINTENDENT OF POLICE BORDER OF BARPETA DISTRICT BARPETA ASSAM PIN-781372 8:THE DISTRICT COMMISSIONER BAKSA DISTRICT BAKSA BTAD MUSHALPUR ASSAM PIN-781372 9:SUPERINTENDENT OF POLICE THE BORDER BAKSA DISTRICT BAKSA BTAD KATALIGAON ASSAM PIN-781372 Advocate for the Petitioner : MR. K M HASSAN, MR. J A AHMED Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ECI,GA, ASSAM,SC, NRC Linked Case : I.A.(Civil)/1862/2026 NAJAR ALI S/O LATE LATE KALU SEKH RESIDENT OF PERMANENT RESIDENT OF VILLAGE BUNMAJA PATHAR . BILASIPARA BAZAR P.S. GOBARDHANA DISTRICT BAKSA BTAD ASSAM PIN-781315. Page No.# 3/7 VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SHASTRI BHAWAN TILAK MARG NEW DELHI-110001. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006. 4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007. 5:THE STATE CO ORDINATOR NATIONAL REGISTER OF CITIZENS NRC ASSAM FIRST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI-781005. 6:THE DISTRICT COMMISSIONER OF BARPETA DISTRICT BARPETA ASSAM PIN-781301.THE SUPERINTENDENT OF POLICE BORDER OF BARPETA DISTRICT BARPETA ASSAM PIN-781372. 7:THE SUPERINTENDENT OF POLICE BORDER OF BARPETA DISTRICT BARPETA ASSAM PIN-781372. Page No.# 4/7 8:THE DISTRICT COMMISSIONER BAKSA DISTRICT BAKSA BTAD MUSHALPUR ASSAM PIN-781372. 9:SUPERINTENDENT OF POLICE THE BORDER BAKSA DISTRICT BAKSA BTAD KATALIGAON ASSAM PIN-781372. ------------ Advocate for : MR. K M HASSAN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND ORS Linked Case : WP(C)/2569/2026 NAJAR ALI S/O- LATE KALU SEKH R/O- VILL- BUNMAJA PATHAR P.O- BILASIPARA BAZAR P.S- GOBARDHANA DIST- BAKSA (BTAD) ASSAM PIN-781315 VERSUS THE UNION OF INDIA AND ORS REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SASTRI BHAWAN NEW DELHI- 110001. 2:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN BHAWAN ASHOKA ROAD NEW DELHI-110001 3:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT Page No.# 5/7 DISPUR GUWAHATI-6 4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-07 5:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S ROAD. BHANGAGARH GUWAHATI-05 DIST- KAMRUP (M) 6:THE DISTRICT COMMISSIONER BARPETA ASSAM PIN-781301 7:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM PIN-781301 ------------ Advocate for : MR. K M HASSAN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 10.06.2026 (S.K. Medhi, J) Both the I.A.s being connected are taken up together and are being disposed of by this common order. The IAs are filed in connection with WP(C)/2569/2026 and the order dated Page No.# 6/7 22.05.2026 passed in the said writ petition. By the aforesaid order, while notice was issued, the petitioner was granted bail subject to certain conditions including a condition for appearing before the Superintendent of Police (Border) Barpeta on or before 03.06.2026. It is in the context of the aforesaid condition that both the IAs have been filed. While I.A. No. 1861/2026 has been filed for modification of the said order, the I.A. No. 1862/2026 has been filed for impleading the following incumbents as respondent nos. 8 and 9: (i) The District Commissioner, Baksa, District: Baksa (BTAD), Mushalpur, Assam PIN -781372 (as respondent no. 8) (ii) The Superintendent of Police (Border), Baksa, District, Baksa (BTAD) Kataligaon, Assam, Pin-781372 (as respondent no. 9) We have heard Shri K.M. Hassan, learned counsel for the applicant. We have also heard Shri P. Sarma, learned GA, Assam, Shri J. Payeng, learned Standing Counsel, Home Deptt. & NRC and Ms. R. Baishya, learned counsel appearing on behalf of Ms. S. Katakey, the learned Standing Counsel, ECI. Shri Hassan, the learned counsel for the applicant has submitted that in compliance with the order dated 22.05.2026, the applicant had appeared before the Superintendent of Police (Border) Barpeta on 26.05.2026 which was within the stipulated period. However, on such appearance, he was informed that the records have been transmitted to the Baksa district. He has submitted that in view of the above, the applicant is constrained to file the present IAs. seeking appropriate relief. Page No.# 7/7 Shri J. Payeng, the learned Standing Counsel, Home Department has not raised serious objection to the aforesaid prayers. A similar stand has been taken by the learned counsel for the other respondents. In view of the above, the order dated 22.05.2026 stands modified to the extent that the observations made in paragraph 9 would pertain to a direction for the applicant / petitioner to appear before the Superintendent of Police (Border) Baksa on or before 19.06.2026 and the conditions imposed in the aforesaid order would prevail. The applicant / petitioner is also allowed to implead the incumbents mentioned above as respondent nos. 8 and 9. The learned counsel for the applicant is accordingly required to file amended cause title in the writ petition. Both the I.A. stands disposed of. JUDGE JUDGE Comparing Assistant