Gauhati High Court

I.A.(Civil)/2305/2026 of TOHORA KHATOON Vs THE UNION OF INDIA and ORS on 27 August 2026

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GAHC010143412026 2026:GAU-AS:12422 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2305/2026 TOHORA KHATOON WO MD HASMAT ALI, RO VILL DIJUVALLE, PS SAMAGURI, DIST NAGAON, ASSAM VERSUS THE UNION OF INDIA and ORS REPRESENTED BY THE

GAHC010143412026

2026:GAU-AS:12422

THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/2305/2026

TOHORA KHATOON

WO MD HASMAT ALI, RO VILL DIJUVALLE, PS SAMAGURI, DIST NAGAON, ASSAM

VERSUS

THE UNION OF INDIA and ORS

REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA, HOME

DEPARTMENT, NORTH BLOCK, NEW DELHI

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT

OF ASSAM

HOME DEPARTMENT

DISPUR

GHY 06

3:THE DEPUTY COMMISSIONER

NAGAON

ASSAM

4:THE ELECTION COMMISSION OF INDIA

REPRESENTED BY THE DISTRICT ELECTION OFFICER

NAGAON

ASSAM

5:THE SUPERINTENDENT OF POLICE

BORDER

NAGAON

ASSAM

6:THE STATE CO ORDINATOR

NATIONAL REGISTER OF CITIZENS

NRC

ASSAM

ACHYUT PLAZA

BHANGAGARH

GHY 78100

Advocate for the Petitioner : MR. S I TALUKDAR, J A SIKDAR,MR. Z H BORA,MR. A R

SIKDAR

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

BEFORE

HONOURABLE MR. JUSTICE KALYAN RAI SURANA

HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

Date : 28.08.2026 (K.R. Surana, J) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC; Mr. G. Sarma, learned Standing Counsel for the Border and FT matters; Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India and Mr. P. Sarmah, learned Additional Senior Government Advocate.

2. By filing this interlocutory application, the applicant, who is the petitioner in WP(C)/943/2018, has sought for extension of time to appear before the Foreigners Tribunal No. 2, Nagaon, in terms of the order dated 26.04.2023 passed by this Court in WP(C)/948/2018, by which the proceedings of F.T. Case No. 1555/2011 was remanded back to the said learned Tribunal. It is submitted that by paragraph 10 of the said order, the applicant was directed to appear before the Foreigners Tribunal No. 2, Nagaon, on 09.06.2023.

3. In this case, it is projected that the learned counsel’s name is reflected in paragraphs 3 and 4 of this application, who was holding the brief for the applicant, did not inform the applicant/petitioner about the final outcome of WP(C)/948/2018 and the copy of the order was also not provided. Accordingly, the applicant was not aware of the requirement to appear before the learned Tribunal within 09.06.2023, the time allowed by this Court.

4. The learned counsel for the applicant has submitted that in this case application, it has been stated that the applicant has made a complaint before the Bar Council of Assam, Nagaland, Arunachal Pradesh and Mizoram, against the said learned counsel.

5. It is submitted that as per this Court’s order dated 27.07.2026, the applicant had made an enquiry with the Office of the Bar Council of Assam, Nagaland, Arunachal Pradesh and Mizoram and, the applicant was informed that as the Bar Council is not yet functional with the new elected body to take over, there is no development in the complaint already registered.

6. The application is opposed by the learned Standing Counsel for the FT and Border matters, in view of the inordinate delay.

7. In view of the projection that the applicant was not informed about the date of appearance, taking a lenient view of the matter, this Court is inclined to extend the period of time for the applicant to appear before the learned Member, Foreigners Tribunal No. 2, Nagaon, within the outer time limit of 10.09.2026. On the date of appearance, the applicant shall produce a certified copy of this order before the concerned learned Tribunal.

8. This order shall be read together with the order dated 26.04.2023 passed by this Court in WP(C)/943/2018.

9. This Interlocutory Application stands disposed of.

JUDGE JUDGE

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