Gauhati High Court
Kusum Bala Das vs The Union Of India And 6 Ors on 18 July, 2022
Bench: Manash Ranjan Pathak, Parthivjyoti Saikia
Page No.# 1/3
GAHC010128392022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1910/2022
in
WP(C) 2414/2022
KUSUM BALA DAS
D/O. LATE KHUDURAM DAS, W/O. SHRI KRISHNA PADA DAS, VILL. 69,
THAKURANBARI, NAMODASPARA, P.O. AND P.S. MANKACHAR, DIST.
SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131.
VERSUS
THE UNION OF INDIA AND 6 ORS.
REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-01.
2:STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-06.
3:THE ELECTION COMMISSIONER
ASSAM
DISPUR
GUWAHATI-06.
4:THE STATE CO-ORDINATOR
NATIONAL REGISTRATION OF CITIZEN (NRC)
BHANGAGARH
GUWAHATI-05.
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5:THE DEPUTY COMMISSIONER
SOUTH SALMARA MANKACHAR
P.O. AND P.S. MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN-783131.
6:THE SUPERINTENDENT OF POLICE (B)
SOUTH SALMARA MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
PIN-783131..
7:THE OFFICER-IN-CHARGE
MANKACHAR POLICE STATION
P.O. MANKACHAR
PIN 783131
Advocate for the Petitioner : MS. J PAUL
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
18-07-2022 Heard Ms. J. Paul, learned counsel for the applicant/petitioner and Mr. B. Chakraborty, learned Central Government Counsel for the opposite party No. 1. Also heard Ms. K. Phukan, learned Government Advocate, Assam for the opposite party Nos. 2, 5 & 7; Mr. A. I. Ali, learned Standing counsel, Election Commission of India for the opposite party No. 3, Ms. L. Devi, learned Standing counsel, NRC for the opposite party No. 4 and Mr. G. Sarma, learned Standing counsel, Foreigners' Tribunal for the opposite party No. 6.
By order dated 04.04.2022 passed in the connected WP(C) No. 2414/2022, the Court in the interim while granting bail directed the applicant/petitioner to appear before the Superintendent of Police (Border), South Salmara, Mankachar within 15 days from the date of receipt of the said order.
Page No.# 3/3 It is submitted by the applicant/petitioner that though she had obtained certified copy of said order dated 04.04.2022 on 05.04.2022 itself, but due to her medical ailment, she failed to appear before the concerned Superintendent of Police, (Border) within the time so specified by the Court by the said order dated 04.04.2022. As such, the applicant/ petitioner has prayed for extension of time for her appearance before the Superintendent of Police, (Border), South Salmara, Mankachar as directed earlier by the Court on 04.04.2022.
To that extent, the applicant/petitioner has annexed two copies of Medical Certificates issued by the Medical & Research Officer-in-Charge, Mankachar CHC on 07.04.2022 & 31.05.2022 along with two copies of medical prescriptions.
Learned counsels for the opposite parties have no objections in extending the time period to the applicant/petitioner in her such situation, for her appearance before the SP (Border), South Salmara, Mankachar to comply with the said order dated 04.04.2022.
The applicant/petitioner has filed this application on 24.06.2022 seeking 15 (fifteen) days time to appear before the SP (Border), South Salmara, Mankachar in terms of the order dated 04.04.2022 noted above.
On being enquired, Ms. Paul, learned counsel for the applicant/petitioner submits that on or before 03.08.2022, the applicant/petitioner shall appear before the SP (Border), South Salmara, Mankachar during the office hours as directed by the Court on 04.04.2022.
Considering such submissions of the learned counsel for the applicant/petitioner on instruction, this Interlocutory Application stands disposed of extending the time of appearance of the applicant/petitioner before the Superintendent of Police (Border), South Salmara, Mankachar in terms of the order dated 04.04.2022 passed in the connected WP(C) No. 2414/2022 on or before 03.08.2022 during the office hours between 10:00 am to 04:30 pm. Accordingly, this Interlocutory Application stands disposed of.
JUDGE JUDGE Comparing Assistant