Page No.# 1/3 GAHC010216212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5659/2025 FARID ALI S/O MAHIB ALI, VILL- BARPATHAR, P.S.- BARPATHAR, DIST- GOLAGHAT, ASSAM, PIN-785602 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, GUWAHATI-781006 2:THE DISTRICT COMMISSIONER GOLAGHAT ASSAM PIN-785621 3:THE SUPERINTENDENT OF POLICE GOLAGHAT DIST- GOLAGHAT ASSAM PIN-785621 4:THE IN-CHARGE HOLDING CENTER 7TH ASSAM POLICE BATTALION CHARAIKHOLA KOKRAJHAR DIST- KOKRAJHAR BTC ASSA Advocate for the Petitioner : MR. A M AHMED, B DAS Page No.# 2/3 Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 22.09.2025 Heard Shri AM Ahmed, learned counsel for the petitioner. Also heard Shri SS Roy, learned State Counsel. Considering the subject matter involved and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the motion stage itself. It is the case of the petitioner that his paternal uncle, namely, Shri Abul Ali has been detained by the Police on 24.05.2025 and presently is at the Holding Centre, 7th Assam Police Battalion, Charaikhola in the district of Kokrajhar. Such detention is pursuant to an order dated 19.06.2012 passed by the concerned Tribunal in case No. FTG.476/07. The grievance of the petitioner is that they have not been given access to the detenue so as to obtain necessary his signatures in necessary documents for challenging the opinion of the concerned Tribunal and consequential actions. Shri Ahmed, learned counsel for the petitioner has drawn the attention of this Court to the averments made in paragraph 5 of the writ petition and has submitted that the detenue has not been given access to the petitioner and other family members. Shri Roy, learned State Counsel however submits that apart from making some statements in the writ petition, there is not even a single document to support the case of the petitioner. Page No.# 3/3 Be that as it may, this Court, after considering the facts and circumstances, is of the opinion that right to take recourse to law for challenging the opinion of the concerned Tribunal is a legal right and there cannot be any restrictions for exercising such rights. Accordingly, it is directed that the petitioner be allowed to have an access to the detenue - Shri Abul Ali, who is said to be detained in the Holding Centre, 7th Assam Police Battalion, Charaikhola in the district of Kokrajhar, so as to enable the petitioner to have his signatures in the legal documents and take further consequential action. The petitioner is accordingly permitted to visit the said Centre along with a copy of this order and upon such visit, be given access to the detenue as mentioned above so as to enable the petitioner to get his signatures on necessary documents so as to pursue the legal recourse under the law. The writ petition accordingly stands allowed. JUDGE Comparing Assistant