Page No.# 1/3 GAHC010261062025 2025:GAU- AS:16902-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6822/2025 ABDUL HUSSAIN SO LATE RUHIT MIYA, RO VILL KURANIBORI, PS MAYONG, DIST MORIGAON, ASSAM VERSUS THE UNION OF INDIA AND OTHRS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT OF INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI 1 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE HOME DEPARTMENT DISPUR GUWAHATI 6 3:THE DISTRICT COMMISSIONER MORIGAON PO AND DIST MORIGAON ASSAM PIN 782105 4:THE SUPERINTENDENT OF POLICE (B) MORIGAON PO AND DIST MORIGAON ASSAM PIN 782105 5:THE ELECTION COMMISSIONER OF INDIA NEW DELHI 1 Page No.# 2/3 6:THE STATE COORDINATOR OF NRC ASSAM HOUSEFED COMPLEX 2ND FLOOR BANPHOOL NAGAR DISPUR GUWAHATI Advocate for the Petitioner : MR. S I TALUKDAR, J A SIKDAR,MS M SARMA,MR. A R SIKDAR Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NRC,SC, ECI,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 08.12.2025 (K.R. Surana, J) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mrs. R. Devi, learned CGC; Ms. A. Verma, learned standing counsel for the FT & Border matters; Mr. N. Kalita, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and H.K. Hazarika, learned Junior Govt. Advocate for the State respondent. 2. In this writ petition filed under Article 226 of the Constitution of India, the petitioner has expressed apprehension that pursuant to the ex parte opinion dated 25.06.2025 passed by the learned Member, Foreigners Tribunal No. 4th, Morigaon, in F.T. Case No. 10/15 corresponding to F.T. Case No. 467/09, the Border Police is searching for him. Accordingly, by order dated 03.12.2025, the Court has proposed to inquire into that aspect of the matter. 3. The he learned Standing Counsel for FT & Border matters has Page No.# 3/3 produced a copy of the written instructions dated 08.12.2025 issued by the Senior Superintendent of Police (B), Morigaon, stating that the proceedee who had been declared a foreign national as per the opinion dated 25.06.2025 is Md. Hussain Ali, S/O Ruhir Miyan, a resident of Vill-No. 1, Khulabhuyan, P.S. Mayong, District Morigaon, and that by office memo dated 04.07.2025, the In-Charge (B) of Mayong P.S. was informed to apprehend the said foreign national. Accordingly, it is recorded that no person named Md. Abdul Hussain or the petitioner is being searched for. The said instruction dated 08.12.2025 along with two enclosures is made a part of record. 4. In view of the instructions dated 08.12.2025, as the Senior Superintendent of Police (B), Morigaon has stated that the petitioner is not being searched for, this Court is of the opinion that there is no ground for apprehension that the petitioner would be taken into custody in connection with the impugned opinion, which appears to have been passed against his brother. 5. Accordingly, in view of the said instructions, the writ petition stands closed. JUDGE JUDGE Comparing Assistant