Suria Khatun, v. The Union of India and 8 Ors

ORDER Date : 21/06/2024 Suman Shyam, J

Heard Mr. A. Roshid, learned counsel for the applicant. Also heard Ms. A. Verma, learned Standing Counsel, Home Department, Assam; Mr. R.K. D. Choudhury, learned DSGI and Mr. P. Sarma, learned Government Advocate, Assam, appearing for the official respondents. This IA has been filed with a prayer to modify/clarify the order dated 06/05/2024 passed by this Court in WP(C) 614/2024 whereby, the applicant/writ petitioner was directed to appear before the Superintendent of Police (Border), Bajali so as to avail the benefit of the interim order passed by this Page No.# 3/3 Court. Mr. Roshid submits that due to reorganization of the districts in the State of Assam, there is some confusion as to which of the Superintendent of Police (B) would have the jurisdiction in such matter in a given case. When the applicant approached the Superintendent of Police (B), Bajali seeking compliance of the order dated 06/05/2024, she was asked to approach the Superintendent of Police (B), Barpeta, as a result of which, the applicant has been prevented from availing the benefit of the interim relief. As such, the IA has been filed seeking necessary clarification. The learned departmental counsel appearing for the official respondents have fairly submitted that this is a genuine case where a clarification needs to be issued by this Court since the applicant cannot be held liable for any confusion in these matters. After hearing the submissions advanced at the Bar and after going through the materials available on record, we dispose of the IA by clarifying that in terms of the order dated 06/05/2024 passed by this Court, the applicant shall appear before the Superintendent of Police (Border), Barpeta, instead of Superintendent of Police (Border), Bajali, within a period of 10(ten) days from today and produce a copy of this order along with the copy of order dated 06/05/2024. The order dated 06/05/2024 stands clarified to the above extent. With the above observation, the IA stands disposed of.

JUDGE JUDGE

sukhamay Comparing Assistant

Page No.# 1/3 GAHC010110852024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1713/2024 SURIA KHATUN, D/O- LATE IYAD ALI, W/O- ABDUL KASHEM, VILL- KALJAR, P.S. HOWLY, P.O. BETBARI, DIST.- BARPETA, ASSAM, PIN- 781316 VERSUS THE UNION OF INDIA AND 8 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF HOME, NEW DELHI-1 Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : DY.S.G.I. Linked Case : WP(C)/614/2024 SURIA KHATUN D/O- LATE IYAD ALI W/O- ABDUL KASHEM VILL- KALJAR P.S. HOWLY P.O. BETBARI DIST.- BARPETA ASSAM PIN- 781316 VERSUS THE UNION OF INDIA AND 8 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA DEPARTMENT OF HOME NEW DELHI-1 2:THE STATE OF ASSAM Page No.# 2/3 REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER BARPETA PIN- 781301 4:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA PIN- 781301 5:THE DISTRICT COMMISSIONER BAJALI PIN- 781325 6:THE SUPERINTENDENT OF POLICE (BORDER) BAJALI PIN- 781325 7:THE ELECTION COMMISSION GOVT. OF INDIA NEW DELHI-1 8:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC) ASSAM HOUSE FED 2ND FLOOR GUWAHATI- 32 ------------ Advocate for : MR. A ROSHID Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 8 ORS BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY