Fakar Uddin v. The Union of India and 6 Ors

ORDER Date : 03.10.2024 (K.R. Surana, J) Heard Mr. A.R. Sikdar, learned counsel for the applicant. Also heard Mr. J. Payeng, learned standing counsel for the Home Department along with Mr. G. Sarma, learned Govt. Advocate; Mr. R.K. Talukdar, learned Govt. Advocate for opposite party no.4; Ms. N. Bedi, learned counsel appearing on behalf of Ms. P. Barua, learned standing counsel for the ECI; and Ms. J. Sarma, learned CGC.

¶2By filing this interlocutory application, the applicant, who is the petitioner in the connected WP(C) 8701/2018, is seeking extension of further Page No.# 4/4 time to appear before the Superintendent of Police (Border), Barpeta.

¶3The learned counsel for the applicant has submitted that due to the causes as explained in the application, the applicant could not appear before the Superintendent of Police (Border), Barpeta as directed vide order dated

14.06.2024, passed in the connected WP(C) 8701/2018.

¶4The learned standing counsel for the Home Department has opposed the prayer on the ground that though this Court had granted bail to the petitioner by order dated 14.06.2024, the conditions of the order has not been complied with.

¶5Be that as it may, in view of the explanation tendered that the engaged counsel did not inform the applicant about the order dated 14.06.2024, the Court is inclined to extend time for the applicant to appear before the Superintendent of Police (Border), Barpeta by providing that in the event the applicant appears before the said authority within 14.10.2024, the Superintendent of Police (Border), Barpeta shall grant bail to the petitioner in terms of the order dated 14.06.2024, passed in WP(C) 8701/2018.

¶6This order shall be read together with order dated 14.06.2024, passed in WP(C) 8701/2018.

¶7This interlocutory application stands allowed and disposed of.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010175632024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2706/2024o FAKARoUDDINo S/O.oLT.oKHAIMUDDIN,oR/OoVILL.oBHERALDI,oMOUZA-oBARPETA,oP.S.oANDo DIST.oBARPETA,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo6oORS.o REP.oBYoITSoSECRETARY,oDEPTT.oOFoHOME,oNEWoDELHI-01. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoHOME oDISPUR oGUWAHATI-06. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oNEWoDELHI-110001. 4:THEoDY.oCOMMISSIONER oBARPETA oASSAM-781301. 5:THEoMEMBER oFOREIGNERSoTRIBUNALo1ST oBARPETA-781301. 6:THEoSUPDT.oOFoPOLICEo(B) oBARPETA Page No.# 2/4 ASSAM-781301. 7:THE STATE COORDINATOR NRC ASSAM ACHYUT PLAZA (1ST FLOOR) BHARALUPUR BHANGAGHAR GUWAHATI-05 Advocate for the Petitioner : MR. N J DUTTA, MR N AHMED,MR. M M ZAMAN Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,SC, NRC Linked Case : WP(C)/8701/2018 FAKAR UDDIN S/O. LT. KHAIMUDDIN VILL. BHERALDI MOUZA- BARPETA P.S. AND DIST. BARPETA ASSAM. VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY ITS SECRETARY DEPTT. OF HOME NEW DELHI-01. 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME DISPUR GUWAHATI-06. 3:THE ELECTION COMMISSION OF INDIA NEW DELHI-110001. 4:THE DY. COMMISSIONER Page No.# 3/4 BARPETA ASSAM-781301. 5:THE MEMBER FOREIGNERS TRIBUNAL 1ST BARPETA-781301. 6:THE SUPDT. OF POLICE (B) BARPETA ASSAM-781301. 7:THE STATE COORDINATOR NRC ASSAM ACHYUT PLAZA (1ST FLOOR) BHARALUPUR BHANGAGHAR GUWAHATI-05. ------------ Advocate for : MR S M T CHISTIE Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA