Page No.# 1/4 GAHC010158322025 2025:GAU- AS:10947-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/47/2025 ALIM HUSSAIN S/O MD. AIOB ALI @ AYUB ALI, R/O VILL- NEGERIBILL, P.O. AND P.S.- MERAPANI, DIST- GOLAGHAT, ASSAM, PIN-785705 VERSUS THE UNION OF INDIA AND 7 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-01 2:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-781006 4:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007 5:THEE DISTRICT COMMISSIONER GOLAGHAT DIST- GOLAGHAT Page No.# 2/4 ASSAM PIN-785621 6:THE SUPERINTENDENT OF POLICE (BORDER) GOLAGHAT DIST- GOLAGHAT ASSAM PIN-785621 7:THE SPECIAL DIRECTOR GENERAL OF POLICE (BORDER) ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 8:THE OFFICER-IN-CHARGE MERAPANI POLICE STATION DIST- GOLAGHAT ASSAM PIN-78570 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 namely, Alim Hussain is that by an ex parte Page No.# 3/4 opinion dated 26.02.2021, passed by the learned Member, Foreigners Tribunal, Jorhat, in Case No. FTG./341/2011, arising out of S.P.’s Enquiry No. 209/2007, the father of the petitioner, namely, Md. Aiob Ali @ Ayub Ali was declared to be a foreign national. 3. It is submitted that on 25.05.2025, the Merapani Police Station had taken Md. Aiob Ali @ Ayub Ali, the father of the petitioner was taken into custody and since then, his whereabouts is not known. 4. From the instruction of learned CGC, as recorded in the order dated 06.08.2025, the said declared foreign national was handed over to the BSF along with a total number of 109 declared foreign nationals, the said Md. Aiob Ali @ Ayub Ali was collected back by the BSF on 26.05.2025 in the intervening night of 26th and 27th May, 2025. The said declared foreign national was sent back to Bangladesh from the AoR ( Area of Responsibility), 157th Bn.BSF. However, it was found that the said declared foreign national was returned back to India on 28.05.2025 and once again he was apprehended by the BSF and handed over to the 7th APBN, Charaikhola, Kokrajhar. The said submission of the learned CGC is supported by the learned standing counsel, FT matters who has referred to the affidavit-in-opposition filed by the respondent no. 3. 5. 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 26.02.2021, passed by the learned Member, Page No.# 4/4 Foreigners Tribunal, Jorhat. 6. 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. 3, 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. 7. 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) days from the date of this order, the said Md. Aiob Ali @ Ayub Ali shall not be deported out of the Country without order of the Court. JUDGE JUDGE Comparing Assistant