Badsha Ali @ Badsha Miah@ Badsha Miya v. The Union of India and 4 Ors

ORDER Date : 11.09.2024 (K.R. Surana, J)

Heard Mr. J. Abbas, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC, Mr. H.K. Hazarika, learned Junior Govt. advocate, Mr. G. Sarma, learned standing counsel for the FT and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI.

¶2By filing this misc case, the petitioner who is the writ petitioner in the connected WP(C) 5442/2017 has prayed for restoring the writ petition to file, which was dismissed for non-prosecution by order dated 12.06.2024.

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

¶4Upon perusal of the material on record and having heard the learned counsel for the parties, the Court is satisfied that the petitioner has been able to show before the Court that the non-appearance of the learned counsel for the petitioner is duly explained.

¶5The records show that the counsel who had filed WP(C) 5442/2017 is Ms. P. Borah, who is the sole advocate for the writ petitioner as appears from the vakalatnama available in the record. The full name of the learned advocate is Ms. Pallavi Borah. Her name and appearance is recorded in the order dated

06.09.2017, passed in the writ petition, by which notice was issued at the initial Page No.# 3/4 stage. The matter was thereafter listed on 08.08.2019. However, in the cause list of 08.08.2019, the name of the learned counsel for the petitioner is mentioned as "Mr. P. Borah" instead of "Ms. P. Borah". Therefore, there was no representation from the petitioner on call. The petitioner has annexed a copy of the order dated 06.09.2017, cause list of 08.08.2019 and a copy of order dated

08.08.2019.

¶6The matter was thereafter listed on 07.06.2024, where the case of the petitioner was enlisted at sl. No. 15 and the name of the learned counsel was listed as "Mr. P. Borah" instead of "Ms. P. Borah". Accordingly, once again the petitioner remains unrepresented when the matter was called on 07.06.2024. To support the contention the petitioner has annexed the copy of cause list dated

07.06.2024 and the copy of order dated 07.06.2024.

¶7Thereafter, the writ petition was listed on 12.06.2024, where the case of the petitioner was enlisted at sl. No. 11 and the name of the learned counsel was listed as "Mr. P. Borah" instead of "Ms. P. Borah". Accordingly, once again the petitioner remains unrepresented when the matter was called on

12.06.2024. To support the contention the petitioner has annexed the copy of cause list dated 12.06.2024 and the copy of order dated 12.06.2024.

¶8Accordingly, the Court is inclined to hold that the petitioner has been able to show that there was just and sufficient cause for the petitioner remaining unrepresented when the matter was previously listed on 08.08.2019,

07.06.2024 and 12.06.2024.

¶9Resultantly, the Court is inclined to recall the order dated 12.06.2024 passed by this Court in WP(C) 5442/2017 and the writ petition stands restored to file. Page No.# 4/4

¶10As a consequence of restoration of the writ petition to file, the interim bail granted to the petitioner by order dated 06.09.2017, passed in WP(C) 5442/2017 also stands restored.

¶11Accordingly, it is provided that the petitioner, namely, Md. Badsha Ali @ Badsha Miah @ Badsha Miya shall not be taken into custody and deported out of India during the pendency of the connected writ petition, i.e. WP(C) 5442/2017.

¶12Accordingly, this misc. case stands allowed.

JUDGE JUDGE Comparing Assistant

Page No.# 1/4 GAHC010170392024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/63/2024 BADSHA ALI @ BADSHA MIAH@ BADSHA MIYA S/O- MD. LAL MIAH@ LALMIYA ALI@ LAL MIYA, R/O- NO.1 RASULPAR, P.S- BALUGURI, DIST- BARPETA, ASSAM VERSUS THE UNION OF INDIA and 4 ORS REP. BY THE SECRETARY, HOME DEPARTMENT 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT GUWAHATI- 781006 3:THE SUPERINTENDENT OF POLICEB KAMRUP DISTRICT GUWAHATI 4:THE DEPUTY COMMISSIONERELECTION BARPETA DISTRICT BARPETA ASSAM 5:THE DIRECTOR GENERAL OF POLICE REHABARI GUWAHATI- 781008 DIST- KAMRUPM ASSA Advocate for the Petitioner : MR. J ABBAS, Advocate for the Respondent : GA, ASSAM, ASSTT.S.G.I. Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA