Page No.# 1/3 GAHC010133012025 2025:GAU-AS:11492-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3489/2025 ABDUL KHALEK SON OF LATE ABDUL HAKIM, RESIDENT OF VILL- SOSHIPUR, P.O.- DARRANGA MELA, P.S AND DIST- TAMULPUR, ASSAM, PIN- 781360. VERSUS THE UNION OF INDIA AND 6 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI, INDIA- 110001. 2:THE STATE OF ASSAM TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-06 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007 4:THE DISTRICT COMMISSIONER TAMULPUR DIST-TAMULPUR ASSAM-781365 5:THE SUPERINTENDENT OF POLICE TAMULPUR DIST- TAMULPUR ASSAM-781325 Page No.# 2/3 6:THE SUPERINTENDENT OF POLICE (B) TAMULPUR DIST- TAMULPUR ASSAM-781325 7:THE OFFICER IN CHARGE TAMULPUR POLICE STATION DIST- TAMULPUR ASSAM-78132 Advocate for the Petitioner : MR. A R BHUYAN, MR M KHAN,MR S ABDULLAH Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 27.08.2025 (K.R. Surana, J) Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC; Ms. A. Verma, learned standing counsel for the FT matters; Mr., H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. The learned CGC has submitted that an affidavit-in-opposition has been filed on behalf of the Border Security Force. 3. The learned counsel for the petitioner has submitted that, pursuant to the order dated 25.07.2025, the petitioner, namely Abdul Khalek, visited his projected sister, Musstt. Mariam Begum, at the Holding Centre, Matia, Goalpara, and also collected the vakalatnama of the detained person. Page No.# 3/3 4. It appears from the materials available on record that the said Musstt. Mariam Begum was declared to be an illegal migrant/ foreigner vide opinion dated 19.03.2012 passed by the learned Member, Foreigners’ Tribunal, Nalbari in Case No. F.T. (Nal)B-2468/2007. It also appears that the said opinion has attained finality without any challenge being made thereto. 5. Under the circumstances, as the purpose of this habeas corpus petition has been achieved, the Court is inclined to close this habeas corpus petition without prejudice to the right of the declared foreigner national, namely, Musstt. Mariam Begum, to take such appropriate steps as she may be so advised. 6. Insofar as prayer no.(d) of this petition is concerned, the Court is inclined to direct that in the event of expulsion of the detained foreigner national, the same shall be done in accordance with due process of law. 7. With the aforesaid direction, this habeas corpus petition stands closed. JUDGE JUDGE Comparing Assistant