Page No.# 1/3 GAHC010133102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/29/2025 CHAYFATADDIN AHMED S/O LATE CHAFIRATADDIN AHMED, VILL- SALMURA TUP, P.O.- MORONGI, P.S.- GOLAGHAT, DIST- GOLAGHAT, ASSAM, PIN-785702 VERSUS THE UNION OF INDIA AND 4 ORS THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA, THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006 3:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATI ROAD ULUBARI GUWAHATI-781007 4:THE SUPERINTENDENT OF POLICE (BORDER) GOLAGHAT DIST- GOLAGHAT ASSAM PIN-785621 5:THE OFFICER IN CHARGE KAMARGAON DIST- GOLAGHAT ASSA Page No.# 2/3 Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Advocate for the Respondent : DY.S.G.I., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE K. SEMA ORDER Date : 24.06.2025 (K.R. Surana, J) Heard Md. I. Hussain, learned counsel for the petitioner. Also heard Ms. K.M. Phukan, learned CGC for the respondent No.1; Ms. A. Verma, learned Standing Counsel for the F.T. Matters; and Mr. P. Sarma, learned Additional Senior Government Advocate, Assam for the State respondent. 2. The case of the petitioner is that by an opinion dated 10.08.2022, passed by the learned Member, Foreigners’ Tribunal, Jorhat in Case No. FTG. 136/2021, arising out of SP’s Enquiry No. 20/2007, the wife of the petitioner, namely, Rabia Begum @ Rubia Begum was declared to be a foreigner. 3. It is also submitted that on 26.05.2025, the police personnel from Golaghat Police Station had taken the wife of the petitioner into custody and since then, her whereabouts is not known. 4. Pursuant to the order dated 20.06.2025, the learned Standing Counsel for the FT Matters has submitted that as per telephonic instructions received by her, the said Rabia Begum @ Rubia Begum is currently lodged at holding area, Matia, Goalpara. 5. Therefore, it appears that pursuant to the opinion dated 10.08.2022, referred above, the wife of the petitioner has been taken into custody, as the Page No.# 3/3 said opinion has remain unchallenged. Accordingly, the detention of the wife of the petitioner cannot be held to be illegal. 6. Be that as it may, having heard the learned counsel for the petitioner, the Court is inclined to provide that on production of the certified copy of this order, the petitioner, namely, Chayfataddin Ahmed along with one family member, shall be permitted by the In-charge of the Holding Centre, Matia, Goalpara, to allow the petitioner and family member to meet the detained person namely, Rabia Begum @ Rubia Begum and to take her signature in the vakalatnama, which shall be authenticated by the In-Charge of the Holding Centre. 7. With the above direction, this writ petition for Habeas Corpus has served its purpose and accordingly, the writ petition stands closed. 8. In order to enable the detained person the challenge the opinion, the Court is further inclined to provide that for a period of 30 (thirty) days from the date of this order, the said Rabia Begum @ Rubia Begum shall not be deported out of the Country. JUDGE JUDGE Comparing Assistant