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2025 DAILYLAW 17757 (GAU)

MOFIJUL HOQUE v. THE UNION OF INDIA AND 8 ORS.

W.P.(Crl.)/58/2025 · 2025-09-14

Kalyan Rai Surana, Susmita Phukan Khaund

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Judgment text

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Page No.# 1/3 GAHC010181472025 2025:GAU- AS:12549-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/58/2025 MOFIJUL HOQUE S/O- LT. SOHAR ALI, PERMANENT RESIDENT OF VILL- PASHUAR KHAL PT- 1, P.O- BARKANDA, P.S.- BELASIPARA, DIST- DHUBRI, PIN-783348, ASSAM VERSUS THE UNION OF INDIA AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA, HOME AFFAIRS DEPARTMENT, NEW DELHI-01 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 06. 3:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 INDIA 4:THE STATE CO-ORDINATOR NRC ASSAM. 5:THE DISTRICT COMMISSIONER GOLAGHAT DIST.- GOLAGHAT ASSAM. 6:THE DIRECTOR GENERAL OF POLICE ULUBARI Page No.# 2/3 GUWAHATI-7 KAMRUP (M) ASSAM 7:THE INSPECTOR GENERAL OF POLICE (BORDER BRANCH) ULUBARI GUWAHATI-7 KAMRUP (M) ASSAM . 8:THE SUPERINTENDENT OF POLICE (B) GOLAGHAT DIST- GOLAGHAT ASSAM-785621 9:THE OFFICER-IN-CHARGE OF KUMARGAON POLICE STATION GOLAGHAT P.O. P.S. AND DIST- GOLAGHAT ASSA Advocate for the Petitioner : MR M AHMED, A M RAHMAN,A. K. KANU,MR. S U AHMED Advocate for the Respondent : DY.S.G.I., SC, F.T,SC, NRC,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 15.09.2025 (K.R. Surana,J) Heard Mr. A. M. Rahman, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC, Mr. G. Sarma, learned standing counsel for the FT matters, Ms. P. Barua, learned standing counsel for the ECI and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State. 2. The learned counsel for the petitioner has submitted that pursuant to order dated 01.09.2025, the petitioner has been informed that his elder brother, Page No.# 3/3 namely, Mumur Ali (also spelt as Momor Ali) had been taken into custody on 25.05.2025 and presently lodged in the Holding Centre under 7th APBn., Charaikhola, Kokrajhar, pursuant to the opinion dated 18.03.2025 passed by the learned Member, Foreigners Tribunal, Jorhat, Assam, in Case No. FTG 999/2011, arising out of Police Enquiry No. 416/2008. 3. It has been submitted that the petitioner and one family member had visited the said Holding Centre and the petitioner was permitted to meet his elder brother and to obtain his signature in the vakalatnama. 4. Accordingly, it is submitted that as the purpose of the habeas corpus petition has been served and therefore, the matter be closed, with liberty to the petitioner to assail the impugned opinion. 5. Having heard the learned counsel for the appearing respondents, the prayer is allowed. 6. As the purpose of this habeas corpus petition has been served, the matter stands closed without prejudice to the proceedee in Case No. FTG 999/2011, arising out of Police Enquiry No. 416/2008, to assail the opinion dated 18.03.2025, if so advised. 7. Accordingly, the matter stands closed. JUDGE JUDGE Comparing Assistant