Page No.# 1/3 GAHC010223632025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5988/2025 KHUDEJA BEGUM D/O - LATIF ALI, R/O - VILL- DIGHALIATI, P/O - DIGHALIATI, P/S - ROHA, DIST - NAGAON, ASSAM, PIN -782103. VERSUS 1.THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI, INDIA- 110001. 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI -06 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007. 4:THE DISTRICT COMMISSIONER NAGAON DIST - NAGAON ASSAM PIN- 782003. 5:THE SUPERINTENDENT OF POLICE (B) NAGAON DIST - NAGAON ASSAM PIN- 782003. 6:OFFICER IN-CHARGE, RAHA POLICE STATION DISTRICT- NAGAON ASSAM. PIN- 782003 For the Petitioner(s) : Mr. M.U. Ahmed, Advocate. For the Respondent(s) : Mr. R.K.D. Choudhury, Deputy Solicitor General of India. : Mr. P. Saikia, Government Advocate, Assam. : Mr. J. Payeng, Special Standing Counsel, Foreigners Tribunal. : Mr. N. Kalita, Advocate for Election Commission of India (ECI). Page No.# 2/3 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 18.12.2025 (Ashutosh Kumar, CJ) We have heard Mr. M.U. Ahmed, learned Advocate for the petitioner and Mr. J. Payeng, learned Special Standing Counsel, Foreigners Tribunal for the State. The niece of the detenu has preferred this habeas corpus petition challenging the re-arrest of the detenu and the respondents keeping his whereabouts absolutely hidden from the family members. Mr. J. Payeng, learned Advocate for the State upfront disclosed that the detenu is being detained in connection with IM(D)T Case No.436/1988 and is presently lodged at the Holding area, 7th APBn, Charaikhola, Kokrajhar, Assam. Mr. M.U. Ahmed, learned counsel for the petitioner submits that the only prayer now after having come to know about the place of lodging of the detenu is to permit the family members to obtain vakalatnama from the detenu so as to pursue his legal remedies before the Courts of law. Mr. J. Payeng, however, submits that there should not be any apprehension in the mind of the writ petitioner as such right of the family members of the detenu cannot be extinguished on any count. Page No.# 3/3 The petitioner shall be at liberty to approach the authorities having control over the Holding area, 7th APBn, Charaikhola, Kokrajhar, Assam for obtaining the vakalatnama of the detenu for further legal action, if deemed necessary. This habeas corpus petition stands disposed off accordingly. JUDGE CHIEF JUSTICE Comparing Assistant