Page No.# 1/4 GAHC010141922025 2025:GAU-AS:9539-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/35/2025 NAJIFA KHATUN W/O- LATE ABDUL KADDUS @ KADDUS ALI, VILL.- SARUCHALA, P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM, PIN- 782123 AND PRESENT ADDRESS- C/O- JAHARUL ISLAM, SANTIPUR, WARD NO. 3, P.S. AND DIST. GOLAGHAT, ASSAM, PIN- 785621. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI PIN- 781006. 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI PIN- 781007. 4:THE DISTRICT COMMISSIONER GOLAGHAT DIST. GOLAGHAT ASSAM PIN- 785621. 5:THE SUPERINTENDENT OF POLICE Page No.# 2/4 GOLAGHAT DIST. GOLAGHAT ASSAM PIN- 785621. 6:THE SPECIAL DIRECTOR GENERAL OF POLICE (BORDER) ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007. 7:THE OFFICER-IN-CHARGE GOLAGHAT POLICE STATION DIST. GOLAGHAT ASSAM PIN- 785621 Advocate for the Petitioner : MR. A M AHMED, B DAS,P. GHOSH Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.07.2025 (K.R. Surana, J) Heard Mr. A.M. Ahmed, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; and Mr. P. Sarma, learned Additional Senior Govt. Advocate for respondent. 2. By filing this writ of habeas corpus, the petitioner namely, Najifa Khatun has prayed for production and release of her son, namely, Sofiqul Islam, who was illegally detained by the police personnel of Border Division of Golaghat Police Station on 01.06.2025, and since his detention, his whereabouts Page No.# 3/4 were not known. 3. The learned counsel for the petitioner projects that though petitioner has name similar to the proceedee in FTG.998/2011, arising out of Police Enquiry No. 415/2008, wherein by opinion dated 16.12.2024, the said proceedee was declared to be a foreigner, but he is not the same proceedee. 4. Accordingly, by order dated 22.06.2025, this Court had directed the learned standing counsel for the FT matters to obtain instructions about the son of the petitioner. Accordingly, on 27.06.2025, the learned standing counsel for the FT matters had submitted that as per instruction received by her, the son of the petitioner was currently being held at the Holding Area, 7th AP Bn, Chariakhola, Kokrajhar and accordingly, this Court had directed the in-charge of the said Holding Area to allow the petitioner and one family member to meet the detained person and obtain signature in the vakalatnama by producing certified copy of this order. 5. Upon instructions, the learned counsel for the petitioner has submitted that in the meanwhile, the Border Police authorities and the In-charge of the said Holding Area having been satisfied with the identity of the petitioner to be different from the proceedee in FTG.998/2011, arising out of Police Enquiry No. 415/2008, have released the detained person on 28.06.2025. 6. Accordingly, it appears that the petitioner was apprehended on mistaken identity of the proceedee in FTG.998/2011, arising out of Police Enquiry No. 415/2008, referred above. 7. Accordingly, the Superintendent of Police (Border), Golaghat, having released the son of the petitioner, namely, Sofiqul Islam, on being satisfied with the identity of the petitioner to be different from the proceedee in FTG.998/2011, arising out of Police Enquiry No. 415/2008, the said authority Page No.# 4/4 shall not take the son of the petitioner namely, Sofiqul Islam, again in custody in connection with opinion dated 16.12.2024 passed in FTG.998/2011, arising out of Police Enquiry No. 415/2008, without the order of the Court. 8. The son of the petitioner shall produce a certified copy of the order before the Superintendent of Police (Border), Golaghat to bring the order to the notice of the said authority. 9. Accordingly, this habeas corpus petition stands closed. JUDGE JUDGE Comparing Assistant