Gauhati High Court
I.A.(Civil)/3235/2026 of MOHELA KHATUN Vs THE UNION OF INDIA AND ORS on 27 September 2026
GAHC010199092026 2026:GAU- AS:14450-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3235/2026 MOHELA KHATUN D/O ABDUL KADER W/O JAHIDUL JAIDUL ISLAM, VILL P.O- DHOLPUR, P.S- SIPAJHAR, DIST. DARRANG, ASSAM. PIN-784146. VERSUS THE
GAHC010199092026
2026:GAU-
AS:14450-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3235/2026
MOHELA KHATUN
D/O ABDUL KADER W/O JAHIDUL JAIDUL ISLAM, VILL P.O- DHOLPUR, P.S- SIPAJHAR, DIST. DARRANG, ASSAM. PIN-784146.
VERSUS
THE UNION OF INDIA AND ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI-1.
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI-1.
3:THE STATE OF ASSAM
REP. BY THE COMM. SECY. TO THE GOVT. OF ASSAM
HOME DEPT.
DISPUR
GUWAHATI-6.
4:THE STATE CO-ORDINATION OF NRC
BHANGAGARH
ASSAM
GUWAHATI-5.
5:THE DY COMMISSIONER DISTRICT COMMISSIONER
DARRANG
ASSAM.
6:THE SUPERINTENDENT OF POLICE B
DARRANG
ASSAM
7:THE OFFICER-IN-CHARGE
SIPAJHAR
POLICE STATION
DIST. DARRANG
ASSAM
Advocate for the Petitioner : MR. M U MAHMUD, MR S H MAHMUD
Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, ECI,SC, NRC,SC, F.T
Linked Case : Review.Pet./28/2021
MOHELA KHATUN
D/O ABDUL KADER
W/O JAIDUL ISLAM
R/O DERGAON
VILL. AND P.O. NO. 3 DHOLPUR
DIST. DARRANG
ASSAM
PIN 784145
VERSUS
THE UNION OF INDIA AND 7 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF INDIA
MINISTRY OF HOME AFFAIRS
NEW DELHI-1
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI-1
3:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT.OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
4:THE STATE COORDINATOR OF NRC
BHANGAGARH
ASSAM
GHY-5
5:THE DY. COMMISSIONER
DARRANG
DIST- DARRANG
ASSAM
PIN- 784125
6:THE SUPERINTENDENT OF POLICE (B)
DARRANG
DIST- DARRANG
ASSAM
PIN- 784125
7:THE OFFICER-IN-CHARGE
SIPAJHAR P.S.
DIST- DARRANG
ASSAM
PIN- 784145
8:DEPEN DEKA
ADVOCATE
MANGALDOI BAR ASSOCIATION
MANGALDOI ASSAM
PIN- 784125
------------
Advocate for : MR. M U MAHMUD
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
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ORDER
28.09.2026 (K.R. Surana, J) Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned CGC; Mr. N. Kalita appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Sr. Govt. Advocate for respondents.
2. By view of this interlocutory application, the applicant who is the review petitioner in the connected review petition has prayed that the Officer- in-Charge, Sipajhar Police Station be directed to accept the appearance of the applicant and not to detain her for lapses in appearing before the said Police Station on certain dates.
3. The learned Standing Counsel for the Border and F.T matters has submitted that they have no objection to the issuance of such direction. However, it is submitted that as the connected review petition is an old pending matter, the same may be taken up for hearing.
4. This court, by order dated 24.11.2021, passed in the connected Review Petition No.28/2021, had allowed the applicant to furnish a bail bond of Rs.5,000/- (Rupees Five Thousand only) with one surety of like amount to the satisfaction of the Superintendent of Police (Border), Darrang and the said authority was permitted to take steps for capturing the fingerprints and biometrics of the iris of the applicant and the applicant was directed not to leave the jurisdiction of Darang district without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police(Border), Darrang.
5. In view of the nature of order dated 24.11.2021, passed by this Court in the connected review petition, as regular appearance of the applicant before the Superintendent of Police (Border), Darrang, Mangaldai was not ordered, the Superintendent of Police (Border), Darrang shall not insist on regular appearance of the applicant before the said authority. However, the applicant shall strictly comply with the directions contained in the order dated 24.11.2021 and shall not leave the jurisdiction of Darrang District without furnishing the details of the place of destination and other necessary information including contact number to the Superintendent of Police (Border), Darrang.
6. The petitioner shall produce a certified copy of the order before the Superintendent of Police (Border), Darrang, Mangaldai.
7. This interlocutory application stands disposed of.
JUDGE JUDGE Comparing Assistant