Page No.# 1/3 GAHC010232512025 2025:GAU-AS:14713 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6110/2025 SURUJABAN BEGAM W/O ALALUDDIN ALIAS ALAUDDIN R/O PU SAHAN SIDE OF RAIL LINE SAHAN RANGIA KAMRUP ASSAM 781354 VERSUS THE STATE OF ASSAM AND ORS REP BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM HOME AND POLITICAL DEPTT ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM 2:THE SUPERINTENDENT OF POLICE BORDER KAMRUP ASSAM 3:THE COMMANDANT 7TH ASSAM POLICE BATTALION CHARAIKHOLA KOKRAJHAR ASSA Advocate for the Petitioner : MR. A R HAZARIKA, MR SAURADEEP DEY Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 31.10.2025 Heard Mr. S. Dey, learned counsel for the petitioner and Mr. B.J. Talukdar, learned Senior Page No.# 2/3 Counsel assisted by Mr. P.K. Medhi, learned Junior Government Advocate, Assam for all the respondents. 2. The petitioner is the wife of one Sri Alaluddin @ Alauddin. 3. It is the case of the petitioner that a proceeding was initiated against Sri Alaluddin @ Alauddin before the Foreigners Tribunal no. 5, Kamrup at Rangia in the form of GFT Case no. 89/2014. On completion of the proceedings, the Foreigners Tribunal no. 5 vide its Order dated 18.07.2016 declared him a foreigner, who had illegally entered into India [Assam] from Bangladesh after 25.03.1971. Sri Alaluddin @ Alauddin assailed the Order dated 18.07.2016 of the Foreigners Tribunal before this Court in a writ petition, W.P.[C] no. 5197/2016. By an Order dated 20.03.2018, the writ petition was dismissed. The Order of the High Court has not been challenged subsequently till date. It is the further case of the petitioner that Sri Alaluddin @ Alauddin was thereafter, apprehended by Police Personnel on 25.05.2025 at his residence and thereafter, he has been kept under detention on 7th Assam Police Battalion at Charaikhola, Kokrajhar. 4. The petitioner has stated that when she and her son went to meet Sri Alaluddin @ Alauddin at 7th Assam Police Battalion at Charaikhola, Kokrajhar about twenty days from today, they were denied permission to meet Sri Alaluddin @ Alauddin. 5. The grievance of the petitioner is that she and her son have not been given access to the detenu [Sri Alaluddin @ Alauddin] so as to obtain his signatures in necessary documents for challenging the opinion of the Foreigners Tribunal and the consequential actions. 5. Mr. Talukdar, learned Senior Counsel appearing for the respondents has submitted that apart from making the afore-stated grounds, there is not even a single document to support the case of the petitioner. 6. 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 Page No.# 3/3 Tribunal is a legal right and there cannot be any restriction for exercising such rights. 7. Accordingly, it is directed that the petitioner be allowed to have an access to the detenu - Sri Alaluddin @ Alauddin, 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. 8. 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 detenu 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. 9. The writ petition accordingly stands allowed. JUDGE Comparing Assistant