Disposed

Anjali Rani Paul v. the Union of India and 9 Ors.

Gauhati HC3 Feb 2020I.A.(Civil)/232/2020

Case brief

AI extract

What is this about?

In an interlocutory application, the Gauhati High Court granted leave to the petitioner to implead the Superintendent of Police (Border), Kokrajhar, as a respondent in a connected writ petition to ensure the benefit of an interim bail order could be implemented by the correct authority.

What did the court decide?

Allowance to implead Superintendent of Police (Border), Kokrajhar as respondent no. 11 in connected WP(C)/6389/2019; petitioner directed to appear before the said SP within 10 days.

Anjali Rani Paul Vs the Union of India and 9… — Civil Procedure and Limitation | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010019252020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 232/2020

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1:ANJALI RANI PAUL

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D/O LT. JOTINDRA MOHON PAUL, W/O LT. SUBHASH CH. PAUL, R/O VILL. KHANABARI, ARAIANI PART II, P.O. BAGRIBARI, P.S. BAGRIBARI, DIST. DHUBRI, ASSAM, PIN 783349

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VERSUS

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1:THE UNION OF INDIA AND 9 ORS.

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REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-01

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2:THE CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-01.

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3:THE STATE OF ASSAM REP. BY CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GHY.-06.

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4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.-06.

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5:THE STATE CO-ORIDINATOR NRC ASSAM BHANGAGARH GHY.-05.

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Page No.# 2/3

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6:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-05.

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7:THE SUPDT. OF POLICE (B) DHUBRI DIST. DHUBRI ASSAM PIN-783301. 8:THE DY. COMMISSIONER DHUBRI DIST. DHUBRI ASSAM PIN-783301.

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9:THE OFFICER IN CHARGE BAGRIBARI POLICE STATION BILASIPARA DIST. DHUBRI ASSAM PIN-783349.

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10:THE ELECTORAL REGISTRATION OFFICER NO. 26 BILASIPARA WEST LAC DIST. DHUBRI ASSAM PIN-783349

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent : ASSTT.S.G.I.

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:::BEFORE:::

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HON’BLE MR. JUSTICE MANOJIT BHUYAN HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER

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03.02.2020

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(Manojit Bhuyan, J)

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Heard Mr. M. U. Mondal, learned counsel for the applicant. Also heard Ms. G. Hazarika, learned CGC representing respondent no. 1; Ms. B. Das, learned Standing Counsel, Election Commission, representing respondent no. 2; Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal, representing respondent nos. 3, 4, 6, 7, 8, 9 & 10; and Ms. A. Verma, learned Standing Counsel, NRC, representing respondent no. 5.

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By this application, the applicant/writ petitioner seeks leave of this Court to implead Superintendent of Police (Border), Kokrajhar, as a party respondent in the connected writ petition, i.e. WP(C)/6389/2019.

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It is stated that by the order dated 04.12.2019, the applicant/writ petitioner was directed to appear before the Superintendent of Police (Border), Dhubri, which he, accordingly did on 13.12.2019. However, the benefit of the interim protection could not be obtained as he was informed that the relevant police case records are in the office of the Superintendent of Police (Border), Kokrajhar. On her approach, the Superintendent of Police (Border), Kokrajhar, expressed inability to allow her to go on bail in terms of the Court’s order dated 04.12.2019 on ground that the Superintendent of Police (Border), Kokrajhar, is not a party respondent in the connected writ petition.

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Having regard to the above, we are of the view that to enable applicant/writ petitioner to obtain the benefit of the interim order dated 04.12.2019, the Superintendent of Police (Border), Kokrajhar, is hereby impleaded as party respondent no. 11 in the connected writ petition. Further, the applicant/writ petitioner shall appear before the said Superintendent of Police (Border), Kokrajhar, within 10 (ten) days from today, upon which the said authority shall do the needful in terms of the direction already made in the order dated 04.12.2019.

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On the above, the Interlocutory Application stands disposed of.

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JUDGE JUDGE

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Anjali Rani Paul v. the Union of India and 9 Ors.

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Anjali Rani Paul v. the Union of India and 9 Ors.

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