Gauhati High Court

Md Jabed Ali v. The Union of India

2026:GAU-AS:13098-DB · I.A.(Civil)/1215/2026

Decision date
2026-09-08
Text availability
Full text
Judges
Kalyan Rai Surana, S. Justice Susmita Phukan Khaund

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

Connected provisions and cases

No further provision or case links are recorded.

Judgment text

Page No.# 1/4 GAHC010074052026 2026:GAU-AS:13098-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1215/2026 MD JABED ALI S/O- SADAR ALI, RESIDENT OF VILLAGE- 1 NO. KUARIPUKHURI, P.S. DALGAON, DISTRICT- DARRANG, ASSAM VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF HOME GOVT. OF ASSAM DISPUR GUWAHATI-06 3:THE DEPUTY COMMISSIONER JORHAT P.O. JORHAT DISTRICT- JORHAT ASSAM 4:THE SUPERINTENDENT OF POLICE (BORDER) JORHAT P.O. JORHAT DISTRICT- JORHAT ASSAM 5:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 Page No.# 2/4 6:THE STATE COORDINATOR OF NRC ASSAM HOUSEFED COMPLEX 1ST FLOOR BONPHOOL NAGAR DISPUR GUWAHATI-06 7:THE SUPERINTENDENT OF POLICE (BORDER) SIVASAGAR ASSA Advocate for the Petitioner : MR. N HAQUE, MR. S R BARBHUIYA,MR. A K AZAD,MR M HUSSAIN Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,GA, ASSAM,SC, ECI Linked Case : WP(C)/1374/2026 MD JABED ALI S/O- SADAR ALI RESIDENT OF VILLAGE- 1 NO. KUARIPUKHURI P.S. DALGAON DISTRICT- DARRANG ASSAM VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT OF INDIA NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF HOME GOVT. OF ASSAM DISPUR GUWAHATI-06

3:THE DISTRICT COMMISSIONER JORHAT Page No.# 3/4 P.O. JORHAT DISTRICT- JORHAT ASSAM 4:THE SUPERINTENDENT OF POLICE (BORDER) JORHAT P.O. JORHAT DISTRICT- JORHAT ASSAM 5:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 6:THE STATE COORDINATOR OF NRC ASSAM HOUSEFED COMPLEX 1ST FLOOR BONPHOOL NAGAR DISPUR GUWAHATI-06 ------------ Advocate for : MR. N HAQUE Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 09.09.2026 (K.R. Surana, J) Heard Mr. N. Haque, learned counsel for the applicant. Also heard Mr. G. Sharma, learned standing counsel for the FT and NRC; Mr. S. Kataky, learned standing counsel for the ECI; Mr. H. Gupta, learned CGC and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate. The applicant is the petitioner in WP(C)/1374/2026. The learned counsel for the applicant has submitted that due to inadvertence the jurisdictional Superintendent of Police (B), being the Superintendent of Police (B), Sivasagar Page No.# 4/4 was not impleaded and instead Superintendent of Police (B), Jorhat was impleaded, which is not the appropriate authority in this case. Accordingly, it is prayed that the competent authority be impleaded as respondent no.7 in the writ petition and the name of respondent no.4 be struck off.

Having heard the leanred standing counsel for the Border and FT matters, the prayer made in this interlocutory application stands allowed. Accordingly, this I.A. stands disposed of. JUDGE JUDGE Comparing Assistant