Allowed

Nabiya Begum v. the Union of India and 8 Ors.

Gauhati HC13 Jun 2022I.A.(Civil)/1634/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed the applicant's application to implead the Superintendent of Police (Border), Baksa as an additional respondent in WP(C) No.1849/2020. The court directed the petitioner to appear before this officer instead of the Superintendent of Police (B), Barpeta within 15 days.

What did the court decide?

Permission granted to implead Superintendent of Police (Border), Baksa, and direction given to appear before him within 15 days.

Nabiya Begum Vs the Union of India and… — Constitutional and Fundamental Rights | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010110092022

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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)/1634/2022

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NABIYA BEGUM

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D/O- LT. NADIA SHEIKH, W/O- AKBAR ALI, R/O- VILL. BARAPETA, P.O. GOBARDHANA, DIST- BAKSA, ASSAM, PIN- 781315.

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VERSUS

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THE UNION OF INDIA AND 8 ORS. REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI- 110001.

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2:THE STATE OF ASSAM REP. BY THE SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.-06.

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3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001.

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4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM PIN- 781005.

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Page No.# 2/4

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5:THE DY. COMMISSIONER BARPETA P.O. AND P.S. BARPETA DIST- BARPETA ASSAM PIN- 781301. 6:THE FOREIGNERS TRIBUNAL NO. 10TH BARPETA ASSAM DIST- BARPETA ASSAM PIN- 781301. 7:THE SUPDT. OF POLICE (B) BARPETA P.O. AND P.S. BARPETA DIST- BARPETA ASSAM PIN- 781301. 8:THE OFFICER-IN-CHARGE OF GOBARDHANA POLICE STATION P.O. GOBARDHANA DIST- BAKSA ASSAM PIN- 781315. 9:THE SUPERINTENDENT OF POLICE (BORDER) BAKSA P.O. AND P.S. BAKSA DIST. BAKSA ASSAM PIN 78315

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Advocate for the Petitioner : MS. D GHOSH

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

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Page No.# 3/4

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BEFORE

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HON’BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON’BLE MR. JUSTICE NANI TAGIA Order

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13-06-2022

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[N. Kotiswar Singh, CJ (Acting)]

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Heard Mr. S.K. Chakma, learned counsel for the applicant. Also heard Mr. K.K. Parasar, learned CGC appearing for respondent nos.1 & 4; Mr. G. Sarma, learned Special Standing Counsel, F.T. appearing for respondent no.6, 7, 8 & 9; Mr. A. Bhuyan, learned Standing Counsel, ECI, for respondent no.3 and Mr. N.K. Das, learned Government Advocate, Assam, appearing for respondent nos.2 & 5.

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The present application has been filed to the implead the Superintendent of Police (Border), Baksa as the respondent no.9 in WP(C) No.1849/2020 and to extend the time for appearance of the applicant/petitioner before the Superintendent of Police (Border), Baksa in terms of the interim order passed in WP(C) No.1849/2020 on 07.04.2022.

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It has been submitted that though the applicant was earlier a resident of Barpeta but after her marriage she has become a resident of Baksa district. However, the proceeding in the writ petition was initiated before her marriage and as such, the Superintendent of Police (Border), Baksa could not be impleaded in that petition. Since the applicant is staying within the jurisdiction of Superintendent of Police (Border), Baksa, she may be allowed to appear before the Superintendent of Police (Border), Baksa rather Superintendent of Police (Border), Barpeta.

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Page No.# 4/4

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After hearing the learned counsel for the parties, we allow this application by allowing the applicant/petitioner to implead the Superintendent of Police (Border), Baksa, P.O. and P.S. Baksa, District-Baksa, Assam PIN-781372 as the respondent no.9 in WP(C) No.1849/2020.

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As a natural consequence, the earlier direction issued by this Court on 07.04.2022 passed in WP(C) No.1849/2020 directing the applicant/petitioner to appear before the Superintendent of Police (B), Barpeta will stand modified by directing the applicant/petitioner to appear before the Superintend of Police (B), Baksa within a period of 15 days from today. However, the terms and conditions of bail as directed by this Court earlier on 07.04.2022 in WP(C) No. 1849/2020 will remain same.

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Registry shall make necessary corrections in the cause-title of WP(C) No. 1849/2020.

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With the above observations and directions, the present application stands disposed of.

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JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Nabiya Begum v. the Union of India and 8 Ors.

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Nabiya Begum v. the Union of India and 8 Ors.

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