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2025 DAILYLAW 10952 (GAU)

KAMARDEEN OALADEJI OLADIMEJI v. THE UNION OF INDIA AND ANR

WP(C)/2207/2025 · 2025-07-15

Kalyan Rai Surana, Susmita Phukan Khaund

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010080712025 2025:GAU-AS:9171- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2207/2025 KAMARDEEN OALADEJI OLADIMEJI S/O AIHAJI RAHEEM OLADEJI, A CITIZEN OF NIGERIA, PRESENTLY DETAINED AT THE TRANSIT CAMP, MATIA, GOALPARA, ASSAM, PIN 783125 VERSUS THE UNION OF INDIA AND ANR REP BY THE SECRCETARY TO THE GOVT. INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI. PIN 110001 2:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPT. DISPUR GUWAHATI- 781006 3:THE MINISTRY OF EXTERNAL AFFAIRS GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS (MEA) SOUTH BLOCK NEW DELHI-11001 Advocate for the Petitioner : TAWHID LASKAR, MR. D K AGARWALA,A BORBHUYAN Advocate for the Respondent : DY.S.G.I., MR M R ADHIKARI,GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 16.07.2025 (K.R. Surana, J) Heard Mr. C. Gogoi, learned counsel appearing on behalf of Mr. D. K. Agarwala, learned counsel for the petitioner. Also heard Mr. M. R. Adhikari, learned CGC appearing for the respondent No. 1 and Mr. P. Sarmah, learned Additional Senior Govt. Advocate appearing for the respondent No.2. 2. Mr. C. Gogoi, learned counsel appearing on behalf of Mr. D. K. Agarwala, learned counsel for the petitioner has referred to the last order dated 26.06.2025 wherein the learned counsel holding the brief had submitted that as per information received by him, the petitioner has already reached his home. 3. Mr. M. R. Adhikari, learned CGC, has submitted that as per instructions from the FRRO, Kolkata, once a deportation order is issued, they have no role to play. However, he has submitted that he is yet to receive appropriate instructions from the Ministry of External Affairs, Govt. of India. 4. As the learned counsel for the petitioner has reiterated that as per instructions received by them the petitioner has already reached his home, the Court is of the considered opinion that noting further survives in this writ petition. Accordingly, the matter stands closed. 5. As the matter has been closed without appropriate instructions from the Page No.# 3/3 Ministry of External Affairs, Govt. of India, we grant liberty to the petitioner to approach the Court again in the event, the deportation has not taken place. JUDGE JUDGE Comparing Assistant