Page No.# 1/4 GAHC010160862025 2025:GAU-AS:10948 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/48/2025 ANSUMA BEGUM D/O LT. BAREK ALI, R/O VILL- HATIDUBI GAON, P.O.- URIAMGHAT, P.S.- SARUPATHAR, DIST- GOLAGHAT, ASSAM, PIN-785601 VERSUS THE UNION OF INDIA 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 GHY-06 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007 4:THE DISTRICT COMMISSIONER GOLAGHAT P.O. AND DIST- GOLAGHAT ASSSAM PIN-785621 5:THE SUPERINTENDENT OF POLICE (BORDER) GOLAGHAT P.O. AND DIST- GOLAGHAT ASSAM Page No.# 2/4 PIN-785621 6:THE SPECIAL DIRECTOR GENERAL OF POLICE (BORDER) ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 7:THE OFFICER-IN-CHARGE SARUPATHAR POLICE STATION DIST- GOLAGHAT ASSAM PIN-78560 Advocate for the Petitioner : MR. S A AHMED, MS. K DAS 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, Ansuma Begum is that by an opinion dated 26.02.2024, passed by the learned Member, Foreigners Tribunal, Jorhat, in Case No. FTG./1764/2011, arising out of Police Enquiry No. 259/2010, the mother of the petitioner, namely, Jahera Begum was declared to be a foreign Page No.# 3/4 national. 3. It is submitted that on 25.05.2025, the mother of the petitioner was taken into custody and since then, her 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 collected by the Border Security Force along with a total number of 109 declared foreign nationals on 26.05.2025. In the intervening night of 26th and 27th May, 2025, the said declared foreign national namely, Jahera Begum 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 she was apprehended by the BSF and handed over to the 7th APBN, Charaikhola, Kokrajhar on 29.05.2025. 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 declared and detained foreign national to assail the said opinion dated 26.02.2024, passed by the learned Member, Foreigners Tribunal, Jorhat, in Case No.FTG./1764/2011. 6. The prayer is allowed and this habeas corpus petition stands closed. 7. However, in order to enable the said declared foreign national to challenge the opinion, the Court is inclined to provide that for a period of 30 (thirty) days from the date of this order, the said Jahera Begum, now held at the Holding Page No.# 4/4 Area, 7th APBn, Charaikhola, Kokrajhar shall not be deported out of the Country without order of the Court. JUDGE JUDGE Comparing Assistant