Abul @ Abdul Hussain v. The Union of India and 5 Ors

ORDER Date : 27.11.2024 (K.R. Surana, J)

Heard Mr. J. Islam, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned standing counsel for the FT matters, representing respondent nos. 2, 4 and 6, Mr. P. Sarma, learned Addl. Govt. advocate appearing for respondent no.3 and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the respondent no.5.

¶2The prayer in this misc. case is for restoration of WP(C) 4864/2018, which was dismissed for non-prosecution by order dated 12.06.2024. The explanation for the default in appearance of the learned counsel on 12.06.2024 is that he had gone to the washroom and by the time he came back, the matter was dismissed for non-prosecution. It is further projected that he was unwell then and thereafter, he left the Court.

¶3The learned standing counsel for the FT matters, has opposed this application.

¶4The explanation is totally unacceptable as it has never happened that even Page No.# 3/3 after passing of an oral order of dismissal of a matter, if the learned counsel for the petitioner immediately thereafter comes and gives an explanation for his/ her non-appearance that the matter was not restored to file, save and except in those cases where the order has been signed and uploaded. Moreover, there is absolutely no explanation as to why the petitioner remained unrepresented when the writ petition was previously listed on 07.06.2024.

¶5The conduct of the learned counsel for the petitioner in non-appearance when the matter is called is required to be deprecated. It is only for the reason that the issue of citizenship is in challenge in the connected writ petition, that being a valuable right, we are inclined to restore the writ petition to file. However, at the same time, we are inclined to impose a cost of Rs.1,000/- (Rupees one thousand only) on the learned counsel for the petitioner to be recovered from him and not from the petitioner and to be deposited with the Advocate Benevolent fund of the Gauhati High Court Bar Association.

¶6The said payment shall be made within 2(two) weeks from the date of the order and receipt of such deposit shall be produced when the connected writ petition is next taken up. The restoration is ordered subject to payment of cost and therefore, non-payment thereof may result in revoking and/ or recalling of this order on the next date of listing of the connected writ petition.

¶7Subject to the condition of payment of cost as indicated above, this misc. case stands allowed despite objection made by the learned standing counsel for the FT matters. JUDGE JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010215182024 ooooooo 2024:GAU- AS:11725-DB ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/79/2024o ABULo@oABDULoHUSSAINo S/O-oLATEoFAIZUDDIN,oVILL-oKANUAMARI,oP.S-oSAMAGURI,oDIST-o NAGAON,oASSAM,oPIN-o782001 VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REP.oBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,oNEWoDELHI- 110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oHOMEoDEPTT oDISPUR oGUWAHATI-o6 3:THEoDEPUTYoCOMMISSIONER oNAGAON oDIST-oNAGAON oASSAM oPIN-o782001 4:THEoSUPERINTENDENToOFoPOLICE(B) oNAGAON oASSAM oPIN-o782001 5:THEoSTATEoCOORDINATOR oNRC oBHANGAGARH oGHY-o05 Page No.# 2/3 6:THE ELECTION COMMISSION OF INDIA NEW DELHI- 0 Advocate for the Petitioner : MR J ISLAM, Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ELECTION COMMISSION. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE MANISH CHOUDHURY