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Nayeb Uddin Vs the Union of India and Ors. — Gauhati HC (2026) — LawSathi Research

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Gauhati HC
2026
Nayeb Uddin Vs the Union of India and Ors.Nayeb Uddin v. the Union of India and Ors.

Allowed¶40

Nayeb Uddin v. the Union of India and Ors.

Gauhati HC4 May 2026I.A.(Civil)/1256/2026

Case brief

AI extract

What is this about?

Gauhati High Court interlocutory order dated 05.05.2026 by Justices Sanjay Kumar Medhi and Shamima Jahan in I.A.(Civil)/1256/2026 (linked WP(C)/1181/2026), Nayeb Uddin v. Union of India & Ors (incl. State of Assam, Election Commissioner of India, State Co-ordinator NRC, District Commissioner and SP(B) Sonitpur). Petitioner sought extension of time (IA filed 20.04.2026) to appear before SP(B), Sonitpur as directed by the order dated 02.03.2026, which had granted bail conditional on appearance within 10 days; inability attributed to circumstances beyond petitioner's control; NRC/FT Standing Counsel G. Sarma raised no serious objection; extension allowed till 12.05.2026 as an exceptional case, with directions of the 02.03.2026 order to be observed on appearance. Keywords: extension of time, conditional bail, appearance before SP(B) Sonitpur, NRC, compliance, IA allowed.

What did the court decide?

Extension of time granted: the applicant may appear before the SP(B), Sonitpur on or before 12.05.2026 in terms of the order dated 02.03.2026 in WP(C)/1181/2026; upon such appearance, the directions in that order are to be followed. IA stands allowed.

Why is it important?

As an exceptional case, extension of time is granted: the applicant is permitted to appear in terms of the order dated 02.03.2026 on or before 12.05.2026, notwithstanding the contention that the application was not filed immediately. ¶38

What the court decided

AI extract

Outcome

Extension of time granted: the applicant may appear before the SP(B), Sonitpur on or before 12.05.2026 in terms of the order dated 02.03.2026 in WP(C)/1181/2026; upon such appearance, the directions in that order are to be followed. IA stands allowed.

Issue for consideration

Whether the applicant should be granted extension of time to appear before the Superintendent of Police (B), Sonitpur in compliance with the order dated 02.03.2026 passed in the connected WP(C)/1181/2026.

Court's answer

As an exceptional case, extension of time is granted: the applicant is permitted to appear in terms of the order dated 02.03.2026 on or before 12.05.2026, notwithstanding the contention that the application was not filed immediately.

Ratio / Principle

On such appearance, the directions contained in the order dated 02.03.2026 shall be followed (printed as 'contending', apparently an OCR artifact for 'contained').

Detailed headnote1 paragraphs

Gauhati High Court (S.K. Medhi and Shamima Jahan, JJ.), order dated 05.05.2026 in I.A.(Civil)/1256/2026 in connected WP(C)/1181/2026, Nayeb Uddin v. Union of India & Ors - Extension of time to comply with conditional bail order. By order dated 02.03.2026 in WP(C)/1181/2026, notice was issued and bail was granted on condition that the petitioner appear before the SP(B), Sonitpur within 10 days. Pleading circumstances beyond his control, the petitioner filed the present IA on 20.04.2026 seeking extension. The Standing Counsel, NRC & FT (Shri G. Sarma) contended the application was not immediate but made no serious objection. Held: considering the facts and circumstances and as an exceptional case, the application was allowed, granting further time to appear in terms of the order dated 02.03.2026 on or before 12.05.2026; on such appearance, the directions in the order dated 02.03.2026 were to be followed. IA stands allowed.

A

Page No.# 1/4

GAHC010076932026

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

Case No. : I.A.(Civil)/1256/2026

NAYEB UDDIN

S/O LATE NANDU MIYA @ NANDU FAKIR, R/O- VILLAGE- DIGIRPAR (DIGIRPATHAR) P.O. MANDIA, P.S. BAGHBAR, DISTRICT- BARPETA, ASSAM, PRESENTLY RESIDING AT- VILLAGE DHULAPADUNG P.S. RANGAPARA DISTRICT- SONITPUR, ASSAM

VERSUS

THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS,NEW DELHI- 110001

2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6

3:THE ELECTION COMMISSIONER OF INDIA THROUGH ITS SECRETARY NIRBACHAN BHAWAN

NEW DELHI- 1

4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM BHANGAGARH GUWAHATI-5

5:THE DISTRICT COMMISSIONER SONITPUR

Page No.# 2/4

TEZPUR ASSAM

6:THE SUPERINTENDENT OF POLICE (B) SONITPUR TEZPUR ASSA

Advocate for the Petitioner : MR. R ALI, U S HASSAN,MR. MUSTAFA HUSSAIN,MR H A AHMED

Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, NRC,SC, ECI

Linked Case : WP(C)/1181/2026

NAYEB UDDIN S/O LATE NANDU MIYA @ NANDU FAKIR R/O- VILLAGE- DIGIRPAR (DIGIRPATHAR) P.O. MANDIA P.S. BAGHBAR DISTRICT- BARPETA ASSAM PRESENTLY RESIDING AT- VILLAGE DHULAPADUNG P.S. RANGAPARA DISTRICT- SONITPUR ASSAM

VERSUS

THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI- 110001

2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6

3:THE ELECTION COMMISSIONER OF INDIA THROUGH ITS SECRETARY NIRBACHAN BHAWAN

Page No.# 3/4

NEW DELHI- 1

4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM BHANGAGARH GUWAHATI-5

5:THE DISTRICT COMMISSIONER SONITPUR TEZPUR ASSAM

6:THE SUPERINTENDENT OF POLICE (B) SONITPUR TEZPUR ASSAM -----------Advocate for : MR. R ALI Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS

BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

05.05.2026 (S. K. Medhi, J)

Heard Shri R. Ali, learned counsel for the applicant, who by means of this application has prayed for extension of time for his appearance in compliance with the order dated 02.03.2026 passed in the connected WP(C)/1181/2026.

The learned counsel has submitted that while issuing notice by the aforesaid order, bail was granted with a condition that the petitioner has to appear before the concerned SP(B), Sonitpur within 10 (ten) days from the date of the order. He has submitted that due to circumstances beyond the control of the petitioner, he could not appear within the aforesaid 10 days and has immediately filed the present IA on 20.04.2026 for extension of time.

Page No.# 4/4

Shri G. Sarma, learned Standing Counsel, NRC & FT has however submitted that the application was not filed immediately. He has however not made serious objection to the grant of time.

Considering the facts and circumstances and as an exceptional case, we allow this application granting further time to appear in terms of the order dated 02.03.2026 on or before 12.05.2026.

On such appearance, the directions contending the order dated 02.03.2026 shall be followed.

IA stands allowed.

JUDGE JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant should be granted extension of time to appear before the Superintendent of Police (B), Sonitpur in compliance with the order dated 02.03.2026 passed in the connected WP(C)/1181/2026.¶34
The court held
As an exceptional case, extension of time is granted: the applicant is permitted to appear in terms of the order dated 02.03.2026 on or before 12.05.2026, notwithstanding the contention that the application was not filed immediately.ratio¶38

Procedural history

How this case reached the court

AI extract

Prior proceeding
By order dated 02.03.2026 in the connected WP(C)/1181/2026, notice was issued and bail was granted subject to the condition that the petitioner appear before the SP(B), Sonitpur within 10 days.¶35
Prior proceeding
The petitioner could not appear within the said 10 days owing to circumstances beyond his control and filed the present I.A.(Civil)/1256/2026 on 20.04.2026 seeking extension of time.¶35
Prior proceeding
The application was heard on 05.05.2026; the Standing Counsel, NRC & FT contended the application was not filed immediately but made no serious objection to grant of time.¶34

Parties & counsel

AI extract

petitioner
NAYEB UDDIN¶6
R. Ali, U S Hassan, Mustafa Hussain, H A Ahmed
respondent
THE UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS,NEW DELHI- 110001¶9
DY.S.G.I.
respondent
THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6¶10
GA, ASSAM
respondent
THE ELECTION COMMISSIONER OF INDIA THROUGH ITS SECRETARY NIRBACHAN BHAWAN¶11
SC, ECI
respondent
THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM BHANGAGARH GUWAHATI-5¶13
SC, NRC, G. Sarma
respondent
THE DISTRICT COMMISSIONER SONITPUR TEZPUR ASSAM¶29
respondent
THE SUPERINTENDENT OF POLICE (B) SONITPUR TEZPUR ASSAM¶30

Coram

AI extract

Sanjay Kumar Medhiauthor¶33
Shamima Jahanmember¶31

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 4 May 2026 · May
Registered: 22 Apr 2026
Case no.: I.A.(Civil)/1256/2026
CNR: GAHC010076932026
Bench: Sanjay Kumar Medhi Shamima Jahan
Disposal: Disposed Of
Case type: I.A.(Civil)

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Cite this judgement

Nayeb Uddin v. the Union of India and Ors., I.A.(Civil)/1256/2026 (GAU), decided on 4 May 2026.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

By order dated 02.03.2026 in the connected WP(C)/1181/2026, notice was issued and bail was granted subject to the condition that the petitioner appear before the SP(B), Sonitpur within 10 days.
The petitioner could not appear within the said 10 days owing to circumstances beyond his control and filed the present I.A.(Civil)/1256/2026 on 20.04.2026 seeking extension of time.

View full history

Bench / Coram

Sanjay Kumar Medhi and Shamima Jahan

Parties & counsel