Aymona Khatun v. The Union of India and 5 Ors

ORDER

18.11.2024 (K.R. Surana, J.) Heard Mr. S. Z. Hayat, learned counsel for the applicant. Also heard Mr. B. Deka, learned CGC, appearing for the respondent No.1; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India appearing for the respondent No.2; Ms. A. Verma, learned Standing Counsel Foreigners Tribunal appearing for the respondent Nos. 3 and 6 and Mr. P. Sarma, learned Additional Senior Government Advocate appearing for the respondent No.5.

¶2There is no representation for the respondent No.4.

¶3By filing this interlocutory application, the applicant is seeking extension of time to appear before the Superintendent of Police (Border), Page No.# 4/5 Barpeta in terms of order dated 22.11.2021, passed in the connected WP(C) 5838/19, as well as order dated 06.08.2022, also passed in the said writ petition.

¶4It may be also stated that by filing an additional affidavit on

13.11.2024, the petitioner is not provided the mobile number of her husband through whom she can be contacted.

¶5The application is opposed by the learned Standing Counsel for the FT and Border matters on the ground that the petitioner is vague and does not inspire confidence.

¶6Taking note of 2 (two) consecutive defaults on the part of the applicant to appear before the Superintendent of Police (Border), Barpeta in terms of order dated 22.12.2021, as well as 06.08.2022, both passed in WP(C) 5838/2019, the Court is reluctantly allowing this application by imposing cost as indicated hereinafter.

¶7Subject to deposit of cost of Rs. 2000/- (Two thousand rupees) only before the Secretary, District Legal Services Authority, Barpeta in subject to protection of the acknowledgment of payment of such cost before the Superintendent of Police (Border), Barpeta, the applicant is directed to appear before the Superintendent of Police (Border), Barpeta within 7 (Seven) days from the date of the order and furnish a bail bond as well as simply as indicated in the order dated 22.12.2021, passed in WP(C) 5838/2019.

¶8On compliance of the conditions and on furnishing the bail bond as indicated above, the Superintendent of Police (Border), Barpeta shall do the needful in terms of the said order dated 22.12.2021, referred above.

¶9It is made clear that if there is non-payment of cost and on non-Page No.# 5/5 appearance before the said authority within the time allowed, this order of extension of time shall stand lapsed by afflux of time.

¶10This interlocutory application stands conditionally allowed.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/5 GAHC010202102024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3092/2024o AYMONAoKHATUNo W/O-oSHAHJAMALoALI,oVILL-oHABIoDONGRA,oP.S.oBAGHBAR,,oDIST-o BARPETA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI 2:THEoELECTIONoCOMMISSIONoOFoINDIA oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 4:THEoSTATEoCO-ORDINATOR oNATIONALoREGISTERoOFoCITIZENSo(NRC) oASSAM 5:THEoDY.oCOMMISSIONER oBARPETA oDIST-oBARPETA oASSAM Page No.# 2/5 6:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSA Advocate for the Petitioner : MR. M H SAIKIA, MS B H SHIRIN,MS S Z HAYAT Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ELECTION COMMISSION. Linked Case : WP(C)/5838/2019 AYMONA KHATUN W/O- SHAHJAMAL ALI VILL- HABI DONGRA P.S. BAGHBAR DIST- BARPETA ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REP. BY THE MINISTRY OF HOME AFFAIRS NEW DELHI 2:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM Page No.# 3/5 5:THE DY. COMMISSIONER BARPETA DIST- BARPETA ASSAM 6:THE SUPERINTENDENT OF POLICE (B) BARPETA ASSAM ------------ Advocate for : MS R R MUZIB Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE MANISH CHOUDHURY