GAHC010200682025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5414/2025

SULTAN

S/O NASIR UDDIN, VILL- DAKSHIN DEBASTHAN, P.O.- DEBASTHAN

BAZAR, P.S.- MURAJHAR, DIST- NAGAON, ASSAM, PIN-782481

VERSUS

THE UNION OF INDIA AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF INDIA, HOME DEPARTMENT, NEW DELHI-1, INDIA

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM

HOME DEPARTMENT

DISPUR

GUWAHATI-06

3:THE ELECTION COMMISSION OF INDIA

TO BE REPRESENTED BY THE COMMISSIONER

NIRVACHAN SADAN

ASDHOKA ROAD

DELHI-110001

4:THE DISTRICT COMMISSIONER

SIVASAGAR

DIST- SIVASAGAR

ASSAM

5:THE SUPERINTENDENT OF POLICE (B)

SIVASAGAR

DIST- SIVASAGAR

ASSAM

6:THE OFFICER-IN-CHARGE SIVASAGAR (SADAR) POLICE STATION P.O.- SIVASAGAR DIST- SIVASAGAR ASSA Advocate for the Petitioner : MR. Z HAMMAD, R DAS Advocate for the Respondent : DY.S.G.I., MR M R ADHIKARI (C.G.C),SC, F.T,SC, NRC,SC, ECI,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 15-12-2025 (K.R. Surana, J)

Heard Mr. Z. Hammad, learned counsel for the petitioner as well as Mr. G, Sarma, learned standing counsel for the Foreigners Tribunal, Mr. M.R. Adhikari, learned CGC, Mr. A.I. Ali, learned standing counsel for the ECI and Mr. H.K.

Hazarika, learned Jr. Govt. Advocate.

2. The grievance raised in the present writ petition filed under Article 226 of the Constitution of India, is for issuance of writ in the nature of habeas corpus to produce Moni Begum, the proceedee against whom an ex parte opinion dated 29.10.2015 was passed by the learned Member, Foreigners Tribunal, Jorhat in FT/ SVR. No.277/13, F.T. Case Enquiry No.243/13, declaring her to be an illegal migrant who has entered into India after 25.03.1971 from Bangladesh.

3. It is submitted that the said ex parte opinion has been assailed by the petitioner by filing WP(C) 5498/2020, in which notice of motion was issued on

22.12.2020.

4. It is further submitted that the petitioner was granted bail by an order dated 29.05.2021 passed by the Superintendent of Police (Border), Sivasagar, pursuant to order dated 13.04.2020 passed by the Supreme Court of India in Suo Motu WP(C) 1/2020 and order dated 15.04.2020 passed by this Court in WP(C) (Suo Motu) 1/2020 and accordingly, the petitioner was directed to appear every week w.e.f. 30.05.2021 until further order.

5. The learned counsel for the petitioner has submitted that the petitioner has been complying with the direction. However, in a most illegal manner, the petitioner was taken into custody on 23.05.2025 without any notice or informing the near relatives about the whereabouts of the petitioner.

6. It is only when the brother of the petitioner made enquires, the family members came to know about the ex parte opinion dated 29.10.2015 and that the petitioner was taken into custody pursuant to the said ex parte opinion and accordingly, on coming to know about the whereabouts of the petitioner, the present writ petition has been filed.

7. Heard the learned counsel for the petitioner as well as the learned standing counsel for the FT, Border matters and NRC.

8. For the reasons morefully assigned in the connected WP(C) 5498/2020, the said writ petition has been dismissed. Moreover, though the petitioner has been granted bail but the order of bail does not prevent the State from taking appropriate steps for sending back the petitioner to her country of origin, as the said process was nowhere stopped.

9. Therefore, on the dismissal of the said writ petition, taking into custody of the petitioner pursuant to the ex parte opinion dated 29.10.2015 passed by the learned Member, Foreigners Tribunal, Jorhat in FT/ SVR.

No.277/13, F.T. Case Enquiry No.243/13, cannot be said to be barred in law.

10. Resultantly, the present writ petition stands fails and the same is dismissed.

11. Before parting with the records, the Court is inclined to make a mention that by an affidavit-