Asmina Khatoon, v. The Union of India and 8 Ors

ORDER Date : 14.08.2024 [S. Saikia, J]

Heard Mr.S. Borgohain, learned counsel for the applicant. Also heard Mr. G. Sharma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 3, 6, 8 and 9 and Mr. H.K. Hazarika, learned Government Page No.# 4/5 Advocate for respondent Nos. 5 and 7 and Mr. H. Kuli, learned Standing Counsel, Election Commission of India for respondent No. 2.

¶2This Interlocutory Application has been filed by the applicants seeking extension of time to comply with the order dated 12.06.2024 passed by this Court in WP(C)/8399/2018. By the said order, this Court, while issuing rule was pleased to permit the petitioner to obtain bail by appearing before the S.P. (Border), Golaghat upon furnishing a bail bond of Rs.5000/- (Rupees five thousand) only. She was directed to appear on or before 02.07.2024 during office hours.

¶3It is submitted by the learned counsel for the applicant that because of the current flood situation prevailing in the State, the petitioner could not appear before the S.P.(Border), Golaghat on or before 02.07.2024. She appeared before the S.P.(Border), Golaghat on the 03.07.2024 and the competent authorities refused to grant her bail as she had appeared after the date prescribed in the order dated 12.06.2024 by this Court.

¶4This Interlocutory Application therefore, is filed seeking extension of time to appear before the S.P.(Border), Golaghat in compliance of the order dated

12.06.2024 passed in WP(C)/8399/2018.

¶5Mr. G. Sharma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 3, 6, 8 and 9 and Mr. H.K. Hazarika, learned Government Advocate for respondent Nos. 5 and 7 and Mr. H. Kuli, learned Standing Counsel, Election Commission of India for respondent No. 2 does not object to the prayers made.

¶6Having considered the submission of the learned counsel for the petitioner and upon being satisfied with the grounds and reasons mentioned in the Page No.# 5/5 Interlocutory Application filed, this Court is of the view that the prayer made by the applicant can be allowed. Accordingly the petitioner is further granted 10

(ten) days further time to appear before the S.P.(Border), Golaghat. The petitioner is directed to appear positively on or before 27.08.2024 during office hours. If the petitioner appears before the S.P.(Border), Golaghat within the time prescribed, the S.P.(Border), Golaghat will carry out the other directions contained in the order dated 12.06.2024 passed in WP(C)/8399/2018. This order shall be read together with the order dated 12.06.2024 passed in WP(C)/8399/2018.

¶7With the above observation this Interlocutory Application stands allowed and disposed of.

¶8Writ petition be listed in terms of the order dated 12.06.2024.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010145532024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2346/2024o ASMINAoKHATOON,o W/O-oMD.oNURULoAMIN,oR/O-oVILL-oNEGHARIBILLo@oNEGHERIBILL,o MUSLIMoGAON,oP.S.oMERAPANI,oDIST-oGOLAGHAT,oASSAM,oPIN-o785705 VERSUSo THEoUNIONoOFoINDIAoANDo8oORS.o REP.oBYoTHEoHOMEoSECRETARY,oGOVT.oOFoINDIA 2:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoCHIEFoELECTIONoCOMMISSIONER oNEWoDELHI-o110001 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTERoOFoCITIZENSHIPo(NRC) oASSAM oBHANGAGARH oGHY-5 5:THEoDY.oCOMMISSIONER oGOLAGHAToDISTRICT oPIN-o783380 6:THEoSUPERINTENDENToOFoPOLICEo(B) oDIST-oGOLAGHAT oASSAM Page No.# 2/5 7:THE DY. COMMISSIONER JORHAT DISTRICT PIN- 785001 8:THE SUPERINTENDENT OF POLICE (B) DIST- JORHAT ASSAM 9:THE OFFICER-IN-CHARGE MERAPANI P.S. DIST- GOLAGHAT ASSA Advocate for the Petitioner : MS. B DEVI, Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, ELECTION COMMISSION.,SC, NRC Linked Case : WP(C)/8399/2018 ASMINA KHATOON W/O- MD. NURUL AMIN R/O- VILL- NEGHARIBILL @ NEGHERIBILL MUSLIM GAON P.S. MERAPANI DIST- GOLAGHAT ASSAM PIN- 785705 VERSUS THE UNION OF INDIA AND 8 ORS. REP. BY THE HOME SECY. GOVT. OF INDIA 2:THE ELECTION COMMISSION OF INDIA REP. BY CHIEF ELECTION COMMISSIONER NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. Page No.# 3/5 DISPUR GHY-6 4:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENSHIP (NRC) ASSAM BHANGAGARH GHY-5 5:THE DY. COMMISSIONER GOLAGHAT DISTRICT PIN- 783380 6:THE SUPERINTENDENT OF POLICE (B) DIST- GOLAGHAT ASSAM 7:THE DY. COMMISSIONER JORHAT DISTRICT PIN- 785001 8:THE SUPERINTENDENT OF POLICE (B) DIST- JORHAT ASSAM 9:THE OFFICER-IN-CHARGE MERAPANI P.S. DIST- GOLAGHAT ASSAM ------------ Advocate for : MR S BORGOHAIN Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 8 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA