The government has unfettered authority to expel declared foreign nationals, underscoring the limitations on procedural protections relative to citizens in expulsion cases under immigration law.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC for respondent nos. 1, 2, 4 and 9; Mr. G. Sarma, learned standing counsel for the FT, Border matters and NRC, for respondent nos. 3, 5, 7, 8 and 10 and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate, for respondent no. 6.

2. The petitioner in this case is Abdul Rejjak. His wife, namely, Doyjan Bibi, daughter of Maynal Haque and Sahebjan Nessa has been declared to be a foreign national vide ex parte opinion dated 31.08.2017, passed by the th learned Member, Foreigners Tribunal 4 , Dhubri, in F.T.4/71/GPR/2017.

3. The petitioner had approached this Court to assail the said ex parte opinion dated 31.08.2017 by filing a writ petition, and this Court by order dated 24.09.2021, passed in W.P.(C) No. 2028/2020, held that there was sufficient ground for the petitioner for not appearing before the learned Tribunal and therefore, the said ex parte opinion dated 31.08.2017, was set aside by allowing one opportunity to the petitioner to contest the proceeding by directing the petitioner to appear before the said learned Tribunal within 15 (fifteen) days from the date of the order and to file her written statement and documents. This Court had further directed that if the petitioner does not appear before the learned Tribunal on or before 27.10.2021, the impugned opinion would be revived and law will take its own course and the bail granted by the said order dated 24.09.2021, would also stand cancelled.

4. In paragraph 11 of this writ petition, the petitioner has admitted to the effect that in terms of the order dated 24.09.2021, passed by this Court in W.P.(C) No. 2028/2020, Doyjan Bibi, the declared foreign national (illegal migrant) did not appear before the said learned Tribunal within the time allowed, i.e. 27.10.2021. Therefore, there is an admission to the effect that the said ex parte opinion dated 31.08.2017, passed by the learned Member, th Foreigners Tribunal 4, Dhubri, in F.T.4/71/GPR/2017, stood revived in view of the default of the petitioner in appearing before the learned Tribunal and thus, the said opinion has remained in full force and effect.

5. It is projected that the said declared foreign national (illegal migrant), namely, Doyjan Bibi, the wife of the petitioner was taken into custody sometime in March, 2019. However, it is projected that owing the order dated 10.05.2019, passed by the Supreme Court of India in the case of Supreme Court Legal Services Committee v. Union of India & Anr., W.P. (Civil) No. 1045/2018, whereby direction was issued to release the detenues who in detention centres, awaiting their deportation, who have completed more than three months (thereafter reduced to two months), as well as order dated 15.04.2020, passed by this Court in XXX v. The Union of India & Ors., W.P. (C) (Suo Motu) No. 1/2020, the said declared foreign national (illegal migrant), namely, Doyjan Bibi, was released on bail on 28.05.2021.

6. The petitioner has projected that while on bail, the said declared foreign national (illegal migrant), was complying with the terms and conditions for bail. However, she was again taken into custody on 24.05.2025 by the police personnel from Gauripur Police Station.

7. Claiming that her whereabouts are not known, the petitioner had filed a First Information Report before the Superintendent of Police, Dhubri, but as no information was forthcoming, the petitioner had filed a writ petition, which was registered and numbered as W.P. (C) No. 3170/2025. In course of hearing the Court wa