Page No.# 1/5 GAHC010123502025 2025:GAU-AS:8731- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/25/2025 MAHIRUDDIN S/O- MACHLEM ALI, R/O- VILL- TINKONIAPARA, P.O. MORNAI, MATIA, DIST. GOALPARA, ASSAM, PIN- 783101. VERSUS THE UNION OF INDIA AND 7 ORS THROUGH THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. 2:THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVT. OF ASSAM POLITICAL (B) DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-7. 4:THE SUPERINTENDENT OF POLICE (B) GOALPARA P.O. AND DIST. GOALPARA PIN-783101. 5:THE DISTRICT COMMISSIONER GOALPARA ASSAM Page No.# 2/5 PIN-783101 6:THE ELECTION COMMISSION OF INDIA THROUGH THE ELECTION COMMISSIONER OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001. 7:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS BHANGAGARH GUWAHATI-5. 8:THE OFFICER-IN-CHARGE MORNAI POLICE STATION MORNAI GOALPARA PIN-78310 Advocate for the Petitioner : MR. I H SAIKIA, MR. M R CHOUDHURY,MR. B BORAH,MR. K KALITA Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE K. SEMA ORDER 25.06.2025 (K.R. Surana, J) Heard Mr. I. H. Saikia, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC appearing for Union of India, Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI, Ms. A. Verma, learned standing counsel for the FT Matters, and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State. 2. In brief, the case of the petitioner is that his mother was declared to be a foreigner of post 25.03.1971 stream vide opinion dated 01.12.2018, passed by the learned Member, Foreigner’s Tribunal No. 5th, at Goalpara, in F.T. Case No. F.T./5/166/MO/16, arising out of F.T. Reference Case No. 187/09. 3. As per the said opinion the name of the proceedee is Musstt. Manjila Khatoon wife of Md. Moslem Ali. It appears from the materials available in this petition that the said opinion had not been assailed and therefore, has attained finality. 4. In this case the petitioner projects that the name of his mother is Majira Khatun, wife of Machlem Ali. It is further projected that on 24.05.2025, his mother was picked up from her own house by the police personnel and thereafter, her whereabouts is not known to the petitioner. 5. Pursuant to order passed on 13.06.2025, the learned Standing Counsel for the FT matters has informed the Court that Majira Khatun, the mother of the petitioner was handed over to the 183 Bn. BSF, Tura under Sector Headquarter, Panbari. Hence, by order dated 19.06.2026, the Court had requested the Page No.# 4/5 learned CGC to obtain information regarding whereabouts of the detained person. 6. Accordingly, the learned CGC has produced a copy of Inter Office Note issued on behalf of the Inspector General FTR Head Headquarter BSF, Guwahati, informing that 35 nos. of declared foreign nationals were handed over to the 183 Bn. BSF by the Matia Holding Centre, Goalpara (Assam) on 26.05.2025 in which a similarly named one Smt. Manjila Khatun @ Mazira Khatun, wife of Md. Moslem Ali aged 65 years with FIP application- DAS024492025 was included. Her name appeared in the serial No. 25 and she along with other Declared Foreign Nationals were pushed back towards Bangladesh from the AOR of 183 Bn. BSF on the intervening night of 26/27 May 2025. 7. It is further stated in the note that as per Ministry of Home Affairs (Foreigners Division) L/No. 25022/28/2020-F-1 (Part-III) dated 02.05.2025, it has been laid down that in the case of Bangladesh/ Myanmar nationals identified to be staying unauthorized in the State, an enquiry shall be conducted by the State Govt./ Union Territory concerned. Further they are handed over to the Border Guarding Forces after completion of all procedural formalities. Accordingly, it has been stated that in the instant case, the Declared Foreign Nationals were handed over to the BSF after verification of their identity following of procedural formalities by the State agencies. 8. Accordingly, the learned CGC has submitted that the Declared Foreign National is Musstt. Manjila Khatoon wife of Md. Moslem Ali who has been deported, but in this writ petition, the name of the mother of the petitioner is projected as Majira Khatun wife of Machlem Ali. 9. In view of the disclosure made by the learned CGC, that the BSF had pushed back the mother of the petitioner through the AOR of 183 Bn. BSF, Tura Page No.# 5/5 towards Bangladesh, there is no live issue available for taking up this habeas corpus petition, in view of the fact that the opinion dated 01.12.2018, passed by the learned Member, Foreigner’s Tribunal No. 5th, at Goalpara, in F.T. Case No. F.T./5/166/MO/16, arising out of F.T. Reference Case No. 187/09, has attained finality. 10. Accordingly, this writ petition stands closed. 11. This order shall not prejudice to the petitioner for availing any other remedy that may be available to him in respect of his mother. JUDGE JUDGE Comparing Assistant