Page No.# 1/3 GAHC010139292025 2025:GAU-AS:8802-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/31/2025 RAHIM ALI S/O MINHAJUDDIN, R/O VILL- JANIA, P.S.- BARPETA, DIST- BARPETA, ASSAM, PIN-781314 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT GUWHAATI-781006 3:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 4:THE DISTRICT COMMISSIONER BARPETA ASSAM PIN-781315 5:THE SUPERINTENDENT OF POLICE (BORDER) BARPETA ASSAM PIN-781315 Page No.# 2/3 6:THE OFFICER-IN-CHARGE BARPETA POLICE STATION BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MS. D GHOSH, MR. D K AGARWALA,MR A.K. HAJONG,MR. S. K. CHAKMA,MR I CHAKMA,MS N DEKA Advocate for the Respondent : DY.S.G.I., SC, NRC,SC, F.T,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.06.2025 (K.R. Surana, J) Heard Mr. D.K. Agarwala, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC; Mr. M. Islam, learned counsel on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Ms. A. Verma, learned standing counsel for the FT matters and NRC; and Mr. H.K. Hazarika, learned Junior Govt. Advocate for the State respondent. 2. Pursuant to order dated 26.06.2025, the learned CGC has placed copy of written instructions provided to him by the commandant (Ops) on behalf of DIG, SHQ, BSF, Dhubri thereby informing that the name of Karim Ali appears at Srl No. 18 of Appendix-‘A’ of declared foreign nationals which was collected on 26.05.2025 and the said declared foreign national has been pushed back to Bangladesh side from the AOR of 183 Bn. BSF, in the intervening night of 26th/27th May, 2025 3. It has also been informed that as per letter dated 02.05.2025 by the Ministry of Home Affairs (Foreigners Division) it has been laid down that in case Page No.# 3/3 of Bangladeshi/ Myanmar nationals identified to be staying unauthorized in the State an enquiry shall be conducted by the State Government/ Union Territory concerned. Accordingly, it is stated that in this case Karim Ali was handed over to the BSF as foreign national. Hence, complete data of declared foreign national would be available with the State Government. 4. Accordingly, as Karim Ali, has been declared as foreign national, vide ex parte opinion dated 08.02.2025, passed by the erstwhile Illegal Migrants (Determination) Tribunal, Barpeta in Case No. 2402/03, arising out reference under section 8(1) of the IM(D)T Act, 1983, thereby declaring him to have been illegal migarant under section 3(1)(C) of the said Act, nothing survives in this habeas corpus petition. 5. Accordingly, this habeas corpus petition stands closed without prejudice to the rights' if any, available to the petitioner in the matter. 6. Instructions produced to be returned back to the learned CGC. JUDGE JUDGE Comparing Assistant