Page No.# 1/4 GAHC010158292025 2025:GAU- AS:10946-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/46/2025 MD. IMAMUL HAQUE S/O ABDUL ALI, VILL- DAKHIN DAYALPUR, P.O.- RAJAPUKHURI, P.S.- URIAMGHAT, DIST- GOLAGHAT, ASSAM, PIN-785601 VERSUS THE UNION OF INIDA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-01 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007 4:THE DISTRICT COMMISSIONER GOLAGHAT P.O. AND DIST- GOLAGHAT ASSAM PIN-785621 5:THEE SUPERINTENDENT OF POLICE (BORDER) GOLAGHAT P.O. AND DIST- GOLAGHAT Page No.# 2/4 ASSAM PIN-785621 6:THEE SPECIAL DIRECTOR GENERAL OF POLICE (BORDER) ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 7:THE OFFICER-IN-CHARGE URIAMGHAT POLICE STATION DIST- GOLAGHAT ASSAM PIN-78560 Advocate for the Petitioner : MR. S A AHMED, MS. K DAS,MR. F A AHMED Advocate for the Respondent : DY.S.G.I., MR M R ADHIKARI (C.G.C),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18.08.2025 (K.R. Surana, J) Heard Mr. S.A. Ahmed, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarma, learned Additional Senior Govt. Advocate for the State. 2. The case of the petitioner is that by an ex parte opinion dated 28.02.2022, passed by the learned Member, Foreigners Tribunal, Jorhat, in Case No. FTG./56/2012, arising out of S.P.’s Enquiry No. 24/2012, the father of the Page No.# 3/4 petitioner, namely, Abdul Ali was declared to be a foreigner. 3. It is submitted that on 25.05.2025, the police personnel from Golaghat Border Police had taken Abdul Ali, the father of the petitioner namely, Md. Imamul Haque into custody and since then, his whereabouts is not known. 4. The learned counsel for the petitioner has submitted that pursuant to the order dated 06.08.2025, passed by this Court, in this writ petition, the petitioner along with the family member had been allowed to meet the foreign national and his signature in the Vakalatnama has been obtained. Accordingly, the learned counsel for the petitioner has orally prayed that this habeas corpus be closed with liberty to the detained foreign national to assail the said ex- parte opinion dated 28.02.2022, passed by the learned Member, Foreigners Tribunal, Jorhat. 5. The prayer is allowed and this habeas corpus petition stands closed. In this stage, learned Standing Counsel, FT matters has submitted that as per his stand taken in the affidavit-in-opposition filed by respondent no. 2, the declared foreign national was taken into custody on 25.05.2025 and after verification of the documents, he was handed over to the Sector Head Quarter, BSF, Dhubri for deportation to Bangladesh. However, on 28.05.2025, the BSF had handed over the said declared foreign national to the Assam Police by stating that though he was deported on 26.05.2025 to Bangladesh but he had again entered into the Indian territory on 28.05.2025 and he was again apprehended by the BSF and handed over to the Assam Police on 29.05.2025. 6. However, in order to enable the declared foreign national to challenge the ex-parte opinion, the Court is inclined to provide that for a period of 30 (thirty) Page No.# 4/4 days from the date of this order, the said Abdul Ali shall not be deported out of the Country without order of the Court. JUDGE JUDGE Comparing Assistant