Mahammad Ali v. The Union of India and 6 Ors

ORDER 06-11-2024 (S. K. Medhi, J) Heard Shri A. R. Sikdar, learned counsel for the applicant. Also heard Shri J. Payeng, learned counsel for the Home Department and Shri H. Kuli, learned counsel appearing on behalf of Shri A. I. Ali, learned counsel for the respondent no. 3.

¶2By the instant application extension of time for appearance before the Superintendent of Police (Border), Barpeta has been sought for.

¶3The learned counsel for the applicant has submitted that vide an order dated 04.08.2023 passed in the connected WP(C)/3861/2023 while notice was issued, it was directed that in the interim the applicant shall not be taken into custody and the deported from India. The aforesaid direction was however conditional that the applicant was required to appear before the Superintendent of Police (Border), Barpeta within 15 days and shall furnish bail bond of Rs.5000/- with one local surety. It however appears that the applicant did not appear before the Superintendent of Police (Border), Barpeta within the prescribed period of 15 days. Thereafter, the applicant had filed IA(C)/2832/2023 praying for extension of time to comply with the directions passed in the earlier order. The aforesaid application was disposed of vide an order dated 06.10.2023 whereby the time to appear was extended by fixing the date as on or before 18.10.2023. It however appears that even within the Page No.# 5/6 extended period, the applicant did not appear before the concerned authority.

¶4Shri Sikdar, the learned counsel has submitted that there was a communication gap between the learned counsel who were engaged earlier and the aspect of extension was not informed, as a result of which, the applicant could not appear in time. He has accordingly submitted that the time for appearance before the concerned authorities be further extended and he is ready and willing to fulfill the conditions imposed by the first order dated

04.08.2023.

¶5Per contra, Shri Payeng, the learned counsel for the Home Department has submitted that the bona fide of the applicant is in serious doubt. He submits that the initial order was passed on 04.08.2023 whereby 15 days time was granted for the applicant to appear and the same was a pre condition for grant of the interim order. However, instead of complying with the aforesaid direction the applicant had filed the IA (C)/2832/2023 praying for extension in which, this Court, by taking a lenient view had further extended the time to 18.10.2023. He submits that even the said order was not complied with and the present application has been filed long thereafter on 28th of August, 2024 which is almost a year from the last date of extension. He, accordingly, submits that no case for extension of time is made out and the application is liable to be rejected. The learned counsel for the rest of the respondents have endorsed the submissions advanced by Shri Payeng, learned counsel and has prayed for dismissal of the IA.

¶6We have noticed that while issuing notice vide the order dated 04.08.2023 an interim order was passed subject to the primary condition requiring the Page No.# 6/6 applicant to appear before the Superintendent of Police (Border), Barpeta within 15 days. Admittedly, the aforesaid condition was not fulfilled and this Court in the IA (C)/2832/2023 had granted further time vide order dated 06.10.2023 directing the applicant to appear on or before 18.10.2023. It however transpires that even the aforesaid order was not complied with. What is further intriguing is that the present application has been filed long thereafter on 28th of August, 2024 which raises serious doubts on the bona fide of the applicant to comply with the directions of this Court. A Writ Court being a Court of Equity the conduct of the party approaching the same is a paramount importance.

¶7In view of the aforesaid facts and circumstances, we are of the considered opinion that no case for extension of time is made out and accordingly the IA is dismissed.

¶8At this stage, Shri Sikdar, the learned counsel submits that the writ petition may be taken up for hearing expeditiously.

¶9The writ petition may be listed for hearing in the 1st week of January, 2025.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010171252024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2662/2024 oooooooooooooooooooInoWP(C)/3861/2023o MAHAMMADoALIo S/O-oLATEoAMIRoUDDINo@oAMERUDDIN,oPERMANENToRESIDENToOFo VILLAGE-oSATBOINIRoTUP,oMOUZA-oHOWLY,oP.S.oBARPETAoROAD,oDIST.-o BARPETA,oASSAM,oPIN-o781315 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECY.,oMINISTRYoOFoHOMEoAFFAIRS,oGOVERNMENToOFo INDIA,oSHASTRIoBHAWAN,oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGHY-06 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.A.ROAD oBHANGAGARH oGUWAHATI Page No.# 2/6 ASSAM PIN- 781005 5:THE DEPUTY COMMISSIONER BARPETA P.O. BARPETA DIST.- BARPETA ASSAM PIN- 781301 6:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. BARPETA DIST.- BARPETA ASSAM PIN- 781301 7:THE OFFICER-IN-CHARGE OF BARPETA ROAD POLICE STATION DIST.- BARPETA ASSAM PIN- 78131 Advocate for the Petitioner : MR. A R SIKDAR,MR. S I TALUKDAR Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, NRC,SC, ELECTION COMMISSION. Linked Case : WP(C)/3861/2023 MAHAMMAD ALI S/O- LATE AMIR UDDIN @ AMERUDDIN PERMANENT RESIDENT OF VILLAGE- SATBOINIR TUP MOUZA- HOWLY P.S. BARPETA ROAD DIST.- BARPETA ASSAM PIN- 781315 VERSUS THE UNION OF INDIA AND 6 ORS REP. BY THE SECY. MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA SHASTRI BHAWAN Page No.# 3/6 NEW DELHI- 110001 2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-06 3:THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION NIRVACHAN SADAN ASHOKA ROAD NEW DELHI- 110001 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZENS ASSAM 1ST FLOOR ACHYUT PLAZA G.A.ROAD BHANGAGARH GUWAHATI ASSAM PIN- 781005 5:THE DEPUTY COMMISSIONER BARPETA P.O. BARPETA DIST.- BARPETA ASSAM PIN- 781301 6:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. BARPETA DIST.- BARPETA ASSAM PIN- 781301 7:THE OFFICER-IN-CHARGE OF BARPETA ROAD POLICE STATION DIST.- BARPETA ASSAM PIN- 781315 ------------ Advocate for : MS. D GHOSH Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA