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2025 DAILYLAW 27849 (GAU)

ABDUL MALEK v. THE UNION OF INDIA AND 6 ORS

W.P.(Crl.)/71/2025 · 2025-10-26

Kalyan Rai Surana, Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010190922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/71/2025 ABDUL MALEK S/O LATE BABUL ALI, R/O VILL- 1 NO. PADUMONI, 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 ASSAM PIN-785621 5:THE SUPERINTENDENT OF POLICE (BORDER) GOLAGHAT P.O. AND DIST- GOLAGHAT ASSAM PIN-785621 Page No.# 2/3 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,MR. F A AHMED Advocate for the Respondent : DY.S.G.I., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.10.2025 (K.R. Surana, J) Heard Mr. S. A. Ahmed, learned counsel for the petitioner as well as all the respondents. Upon instructions, Mr. S. A. Ahmed, learned counsel for the petitioner has submitted that pursuant to order dated 16.10.2025, the petitioner and one family member have visited the declared foreign national at the Holding Centre, 7th, AP.Bn. Charaikhola, Kokrajhar and they have obtained the vakalatnama of the detained foreign national. Accordingly, the purpose of the habeas corpus petition, having been achieved, with the consent of the both sides, this writ petition stands closed Page No.# 3/3 without prejudice to the right of the detained foreign national to take appropriate steps in such manner as she may be so advised in respect of the opinion passed by the concerned Foreigners Tribunal against her. JUDGE JUDGE Comparing Assistant