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2026 DAILYLAW 8582 (GAU)

RIMA BEGUM v. THE UNION OF INDIA AND ORS

I.A.(Civil)/2109/2026 · 2026-06-18

Kalyan Rai Surana, Shamima Jahan

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/5 GAHC010121422026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3255/2026 RIMA BEGUM W/O- EDDRIS ALI, R/O- VILLAGE- MADHYA SIALMARI, MOUZA -PAKHIMORIA, P.S.- NAGAON (SADAR), DISTRICT -NAGAON, ASSAM. VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF POLITICAL AND HOME AFFAIRS, NEW DELHI. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN BHABAN 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 CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI- 781006. 5:THE ELECTORAL REGISTRATION OFFICER NAGAON SADAR Page No.# 2/5 SUB-DIVISION- NAGAON DISTRICT -NAGAON ASSAM. 6:THE DISTRICT COMMISSIONER- CUM- DISTRICT ELECTION OFFICER -CUM- ELECTORAL REGISTRATION OFFICER NAGAON P.O. AND DIST.- NAGAON ASSAM. 7:THE SUPERINTENDENT OF POLICE (BORDER) NAGAON P.O. AND DIST.- NAGAON ASSAM. 8:THE NATIONAL REGISTER OF CITIZENS (NRC) OFFICE OF THE STATE COORDINATOR BHANGAGARH GUWAHATI ASSAM PIN- 78100 Advocate for the Petitioner : MS. G BORAH, B. R. BARMAN,S. DEKA Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, ECI,GA, ASSAM Linked Case : I.A.(Civil)/2109/2026 RIMA BEGUM W/O- EDDRIS ALI R/O- VILLAGE- MADHYA SIALMARI MOUZA -PAKHIMORIA P.S.- NAGAON SADAR DIST. -NAGAON ASSAM. VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF POLITICAL AND HOME AFFAIRS Page No.# 3/5 NEW DELHI. 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA NIRVACHAN BHABAN 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 CHIEF ELECTION OFFICER ASSAM HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI- 781006. 5:THE ELECTORAL REGISTRATION OFFICER NAGAON SADAR SUB-DIVISION- NAGAON DISTRICT -NAGAON ASSAM. 6:THE DISTRICT COMMISSIONER- CUM- DISTRICT ELECTION OFFICER -CUM- ELECTORAL REGISTRATION OFFICER NAGAON P.O. AND DIST.- NAGAON ASSAM. 7:THE SUPERINTENDENT OF POLICE (BORDER) NAGAON P.O. AND DIST.- NAGAON ASSAM. 8:THE NATIONAL REGISTER OF CITIZENS (NRC) OFFICE OF THE STATE COORDINATOR BHANGAGARH GUWAHATI ASSAM PIN- 781005 ------------ Advocate for : MS. G BORAH Advocate for : appearing for THE UNION OF INDIA AND ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 19.06.2026 (K.R. Surana, J) 1. Heard Ms. G. Borah, learned counsel for the applicant appears through video conferencing. Also heard Mr. B. Deka, learned CGC; Mr. J. Payeng, learned standing counsel for the FT and Border matters; Ms. S. Kataki, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant who is the petitioner in the connected writ petition has prayed for bail. 3. Pursuant to the opinion dated 29.04.2026, the applicant Rima Begum has been taken into custody and she is presently detained in transit camp, Matia, Goalpara. 4. The prayer for bail is opposed by the learned Standing for the FT and Border matters. It is submitted that it is also possible that pursuant to the applicant being taken into custody, would have been deported by now. 5. Be that as it may as the applicant has assailed the opinion dated 29.04.2026 passed by the learned Member, Foreigners’ Tribunal 1st, Nagaon, in Case No. F.T.161/2015, arising out of S.P.(B) Ref. No. 258/2015 by filing the connected writ petition, the Court is inclined to provide that indeed in the event the applicant is not being expelled from the Country, she shall be released on Page No.# 5/5 bail on furnishing a bail bond of Rs.5,000/- (Rupees five thousand only) with one surety like amount to the satisfaction of the Superintendent of Police (Border), Nagaon. Further, the Superintendent of Police (Border), Nagaon is directed that the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant shall be obtained, whereafter, she shall be allowed to go on bail. 6. The learned counsel shall produce the certified copy of the order before the Superintendent of Police (Border), Nagaon and the said authority shall take steps for releasing the applicant from the Transit Camp, Matia, Goalpara within 3(three) days. On receipt of the certified copy of the order, issue instruction not to deport the applicant if not already deported. 7. The interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant