Ajia Bibi @ Arjiya Bibi v. The Union of India and 3 Ors

ORDER

27.06.2024 (Suman Shyam, J) By the order dated 17.05.2024 passed by this Court in WP(C) No.5695/2017, the applicant herein, who is a declared foreigner, was granted interim relief in the form of protection from arrest subject to the condition that she appears before the Superintendent of Police (Border), Dhubri on or before 07.06.2024 for completing the necessary formalities mentioned in the order. Mr. P. C. Dey, learned counsel for the applicant submits that due to a communication gap the applicant/writ petitioner could not appear before the Superintendent of Police (Border), Dhubri before 07.06.2024 and the letter addressed to the Police Officer seeking extension of time was also received by him after expiry of the time for appearance. Under the circumstances, the writ petitioner, as applicant has approached this Court, by filing the instant I.A. seeking extension of time beyond 07.06.2024 to appear before the Superintendent of Police (Border), Dhubri in terms of the order dated 17.05.2024. Mr. G. Sharma, learned Standing Counsel, Home Department, Government of Assam and Mr. A. Ali, learned Standing Counsel, Election Commission of India are present and have submitted that they do not have any instruction to file objection, opposing the payer made in the I.A. In view of the above and taking note of the grounds taken in the I.A, we are inclined to grant ten (10) days further time to the applicant with effect from today, so as to appear before the Superintendent of Police (Border), Dhubri in compliance of the order dated 17.05.2024. As such, we allow the applicant/writ Page No.# 3/3 petitioner to appear before the Superintendent of Police (Border), Dhubri on or before 08.07.2024 and furnish a certified copy of this order along with a copy of the order dated 17.05.2024, for doing the needful. The order dated 17.05.2024 stands modified to the above extent. The remaining directions contained in the order dated 17.05.2024 shall remain unaltered. With the above observation, the I.A. stands disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010128802024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1968/2024o AJIAoBIBIo@oARJIYAoBIBIo W/O-oAJIJULoHOQUE,oR/O-oVILL-oKAIMARIoPART-V,oP.S-oGOLAKGANJ,oDIST-o DHUBRI,oASSAM VERSUSo THEoUNIONoOFoINDIAoando3oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoINDIA,oDEPARTMENToOFo HOME,oNEWoDELHI 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oDIST-oDHUBRI oASSAM 4:THEoSUPERINTENDENToOFoPOLICEB oDIST-oDHUBRI oASSAM o AdvocateoforotheoPetitionerooooo:oMRoPoCoDEYo AdvocateoforotheoRespondento:oDY.S.G.I.oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY