Page No.# 1/5 GAHC010017822026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/192/2026 in WP(C)/3711/2025 HASHEM ALI KHAN ALIAS MD HASEN KHAN S/O ZOLISH KHA ALIAS JALISH KHAN, R/O VILL. SUNDARPARA, PART I, P.O. JAMADARHAT, P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM. VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY ITS SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI 110001 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY THE CHIEF ELECTORAL OFFICER ASSAM DISPUR GUWAHATI-06. 3:THE REGISTRAR GENERAL OF INDIA REPRESENTED BY THE STATE COORDINATOR NRC ASSAM ULUBARI GHY-05. 4:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-06. Page No.# 2/5 5:THE DIRECTOR GENERAL OF POLICE (ADMINISTRATION) ASSAM ULUBARI GUWAHATI-07. 6:THE DISTRICT COMMISSIONER KAMRUP METRO ASSAM HENGRABARI GHY-36. 7:THE SUPERINTENDENT OF POLICE (B) KAMRUP METRO ASSAM PANBAZAR GHY-01 Advocate for the Petitioner : MD A RAHMAN, Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, F.T,SC, NRC,SC, ECI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 06.02.2026 (K.R. Surana, J) Heard Mr. A. Rahman, learned counsel for the applicant. Also heard Mr. CKS Baruah, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. AI Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent. 2. By filing this interlocutory application, the applicant is seeking release/bail from the Transit Camp at Matia, Goalpara, where he is detained since 26.05.2025 pursuant to impugned opinion dated 30.04.2024, passed by the learned Member, Foreigner’s Tribunal No.3rd, Kamrup (M), Guwahati in F.T. Case Page No.# 3/5 No. 602/2017. 3. This Court vide an order dated 21.01.2026 passed in WP(C)/3711/2025 had partly allowed the writ petition by demanding proceeding of FT Case No. 602/2017 to the learned Member, Foreigner’s Tribunal No.3rd, Kamrup (M), Guwahati to proceed from the stage of further evidence / cross examination of DWs, the applicant was directed to appear before the learned Tribunal on or before the outer limit of 21.02.2026. 4. The learned counsel for the applicant has submitted that the applicant, namely, Hashem Ali Khan @ Md. Hasen Khan was in custody since 26.05.2025 and he was shifted to the Transit Camp at Matia, Goalpara on 27.05.2025. Accordingly, by filing this I.A., the applicant is seeking modification of the order dated 21.01.2026 passed by this Court in WP(C)/3711/2025 so as to direct the Deputy Commissioner of Police (B), Kamrup (M), Guwahati to accept the bail and to have the applicant released for the concerned Transit Camp at Matia, Goalpara. It may be mentioned that an incorrect authority has been impleaded as Respondent No. 7 in this interlocutory application. 5. Heard the learned counsel appearing for the parties. 6. As the applicant has been taken into custody on 26.05.2025 and since 27.05.2025, he is in the Transit Camp at Matia, Goalpara, the prayer made in this application is allowed. 7. Be that as it may, as already opinion has been rendered in impugned opinion order dated 30.04.2024, passed by the learned Member, Foreigner’s Tribunal No.3rd, Kamrup (M), Guwahati, in F.T. Case No. 602/2017, the Court is of the considered opinion that the applicant, namely, Hashem Ali Khan @ Md. Hasen Khan be released on bail subject to compliance of the following Page No.# 4/5 conditions: a. The family members of the applicant shall appear before the Deputy Commissioner of Police (B), Kamrup (M), Guwahati and furnish bail bond of Rs.5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority. b. Before the releasing the applicant on bail, Deputy Commissioner of Police (B), Kamrup (M), Guwahati shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant. c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence. 8. Thereafter, steps shall be taken by the Deputy Commissioner of Police (B), Kamrup (M), Guwahati to have the applicant released from the detention centre within 3 (three) days from the date of receipt of certified copy of this order. 9. The Court is inclined to extend the time for appearance before the learned Member, Foreigner’s Tribunal No.3rd, Kamrup (M), Guwahati till 06.03.2026 in terms of the other directions contained in the order dated 21.01.2026 passed in WP(C)/3711/2025. 10. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of Deputy Commissioner of Police (B), Kamrup (M), Guwahati without prior written intimation to the said authority, failing which, it would be open to the Deputy Commissioner of Police (B), Kamrup (M), Guwahati to move this Court for cancellation of bail. It is also made clear that in the event the applicant fails to appear within the time allowed, it would be Page No.# 5/5 permissible for the said learned Tribunal to treat the applicant as absent on call and pass a fresh opinion in accordance with law. 11. This interlocutory application stands allowed to the extend as indicated above. 12. This order should be read as a part of the order dated 21.01.2026 passed in WP(C)/3711/2025. JUDGE JUDGE Comparing Assistant