5. Embedding Violations: Role of the Assam’s High Court Reasons stated by the litigants to explain their non-appearance Rate of success Remanded on the merits of the ground stated by the litigant. Remanded in the “interest of justice” Remanded without mentioning any reasons. Improper Service of Notice 75/135 49 23 2 Lawyer did not Discharge his Duties towards the Defendant 10/68 4 2 4 Illness 16/87 5 11 - Lack of Legal Aid/ Representation 4/21 3 1 - Illiteracy / Ignorance 8/77 3 5 - Reason Not Stated in Court Order 25/103 5 13 7 Illustrations: ● Baten Ali claimed that notice was received by his brother, who failed to inform him. Justice Ujjal Bhuyan rejected this,460 holding that his reason was not “special” or “exceptional” while simultaneously doubting Ali’s account. The ostensible conflicting rationales were offered without indicating which controlled the outcome. ● Fakrul Islam submitted a medical certificate to justify his absence. His plea succeeded,461 but on the vague ground of “interest of justice” rather than through application of the sufficient cause standard, with no reasoning as to what this standard required. ● Khadem Ali cited malaria as his reason for non-appearance. Although Justice Bhuyan criticised his “callous” attitude, the writ petition was allowed “in the interest of justice”—again suggesting arbitrary discretion.462 ● Najima Bibi’s notice was properly affixed at her last residence;463 Ushna Ali’s wife lawfully received notice on his behalf.464 Despite lawful service, both writ petitions were allowed without reference to any legal standard. Likewise, in Ruhi Das Mallick and Swapan Das,465 claims of non-receipt of notice were belied by service reports, yet the Court gave both another opportunity to contest. 460 Md. Baten Ali v. Union of India WP(C) 3299/2016 (Gauhati High Court, 2 June 2016). Fakrul Islam v. Union of India WP(C) 7560/2016 (Gauhati High Court, 20 December 2016). Khadem Ali @ Khadim Ali Sheikh v. Union of India WP(C) 8014/2015 (Gauhati High Court, 29 February 2016). 463 Najima Bibi @ Nasima Khatun v. Union of India WP(C) 7635/2018 (Gauhati High Court, 22 November 2018). 464 Ushna Ali @ Rasnai Ali v. Union of India WP(C) 8043/2018 (Gauhati High Court, 14 December 2018). 465 Ruhi Das Mallick v. Union of India WP¬(C) 3012/2019 (Gauhati High Court, 17 May 2019); Swapan Chandra Das @ Swapan Das v. Union of India WP(C) 7906/2015 (Gauhati High Court, 21 November 2017). 461 462 145