Page No.# 1/3 GAHC010149862025 2025:GAU-AS:11889-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/40/2025 MD. AKBBAR ALI SON OF LT. MOHAMMAD ALI, R/O VILLAGE PALASATARI, P.O.NAGARBERA, PIN- 781127, P.S.- NAGARBERA, DIST.- KAMRUP, ASSAM VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI- 1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 3:THE SUPERINTENDENT OF POLICE (BORDER) P.O. AMINGAON AND DISTRICT- KAMRUP PIN 781031 4:THE DISTRICT COMMISSIONER KAMRUP AMINGAON PIN- 781031 ASSAM 5:OFFICER IN CHARGE (B) NAGARBERA POLICE STATION KAMRUP PIN- 781127 Page No.# 2/3 Advocate for the Petitioner : MRS. P BARMAN (BORKAKOTI), MS. R GOSWAMI Advocate for the Respondent : DY.S.G.I., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 03.09.2025 (R. Mazumdar, J) Heard Mrs. P. Barman, learned counsel for the petitioner. Also heard Ms. S. Baruah, 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. P. Sarmah, learned Additional Senior Govt. Advocate for respondent. 2. This writ petition has been preferred with a grievance that the wife of the petitioner, who was the proceedee in G.F.T.(R) Case No. 200/2017, arising out of IM(D)T Case No. 734/2002, decided by the learned Member, Foreigners Tribunal No. 1, Kamrup (Rural), Ulubari, Assam on 18.09.2017, was apprehended by police personnel from Nagarbera Police Station and since then her whereabouts were not known. 3. After notice of motion had been issued and a request was made to the learned standing counsel for the FT matters to ascertain the whereabouts of the wife of the petitioner, Instructions were received that she had been apprehended and was lodged at the Holding Centre, 7th APBn., Charaikhola at kokrajhar. 4. The Court thereafter, granted visitation right to the petitioner along with 1 (one) family member and the learned counsel for the petitioner submits Page No.# 3/3 that the petitioner has been allowed to visit his wife in the said Holding Centre and thereafter, I.A. (Civil) No. 2695/2025 has also been preferred in WP(C) No. 46/2018. We have noticed that the wife of the petitioner had been granted bail by order an dated 27.09.2021, passed in WP(C) No. 46/2018 but the wife the petitioner had failed to apprise the concerned Border Police regarding the challenge made to the opinion rendered by the Foreigners Tribunal and to take bail in accordance with the order dated 27.09.2021, passed in WP(C) No. 46/2018. It was in such circumstances that the petitioner had been apprehended and lodged in the Holding Centre,7th APBn., Charaikhola, Kokrajhar. Therefore, we are of the view that the act of the Border Police in apprehending the petitioner in the absence of her informing them regarding the bail granted to her was neither unlawful nor illegal. 5. Since the whereabouts of the petitioner has now been traced out and the family has been allowed to meet her, nothing remains for adjudication in this Habeas Corpus petition. 6. Accordingly, the Habeas Corpus petition is closed. JUDGE JUDGE Comparing Assistant