GAHC010188082025

2025:GAU-AS:14999-DB

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4968/2025

TEJIRAN NESSA

D/O JAYNAL MIYA @ JAYNAL ABDIN, W/O MANIK ALI, R/O VILL-

MOURIGAON, P.O. AND P.S.- BAGHBOR, DIST- BARPETA, ASSAM, PIN-

781308

VERSUS

THE UNION OF INDIA AND 4 ORS.

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,

MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-110001

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM

HOME AND POLITICAL DEPARTMENT

DISPUR

GUWAHATI-6

3:THE MINISTRY OF EXTERNAL AFFAIRS

GOVT. OF INDIA

REPRESENTED BY ITS SECRETARY

SHASTRI BHAWAN

NEW DELHI

PIN-110001

4:THE DISTRICT COMMISSIONER OF BARPETA

AT BARPETA

ASSAM

PIN-783101

5:THE SUPERINTENDENT OF POLICE (B)

BARPETA

ASSAM PIN-78130 Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ Advocate for the Respondent : DY.S.G.I., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

07.11.2025 Date :

(K.R. Surana, J)

Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Also heard Mr. U.K. Goswami, learned CGC; Mr. G. Sarma, learned standing counsel for FT, Border matters and NRC; Ms. S. Katakey, learned standing counsel for ECI; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for the State.

2) The petitioner, namely, Tejiran Nessa, is a declared foreign national vide opinion dated 06.04.2019, passed by the learned Member, Foreigners Tribunal No.6, Barpeta, in Case No. F.T.426/2015 [arising out of Ref. FT/IM(D)T Case No. 7984/98]. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction upon the respondents to decide the Country to which the petitioner belongs and to direct the respondents to deport the petitioner to the decided Country to which the petitioner belongs after obtaining written acceptance issued by the decided Country to which the petitioner belongs and to supply the copy of the written acceptance to the petitioner at the time of deportation. As an interim measure, it has been prayed that the petitioner be released on bail from the Matia Detention Camp, Goalpara.

3) The learned counsel for the petitioner has submitted that the opinion was challenged by the petitioner by filing a writ petition, which was dismissed by order dated 09.09.2019, passed by this Court in W.P.(C) 4855/2019. The said order of this Court was unsuccessfully assailed before the Supreme Court of India, but the Special Leave Petition (Civil) Diary No(s).

7146/2025 was dismissed by order dated 09.05.2025.

4) The learned counsel for the petitioner had made his submissions in the context of deportation. It was submitted that in the opinion, the nationality of the petitioner was not determined and therefore, she cannot be deported to Bangladesh or to any other Country in the world. It is further submitted that the petitioner was taken into custody on 19.12.2024 and therefore, she has suffered detention for 319 days as on 03.11.2025 and therefore, till the Country of origin of the petitioner is decided, she should be released on bail.

5) Therefore, as in course of the submissions made by the learned counsel for the petitioner, reference has been made to the order dated 09.09.2019, passed by this Court in W.P.(C) 4855/2019, the said records has been called for perusal.

6) It is noticed that the statements made in paragraph nos. 1 to 11 of the present writ petition are somewhat similar to the statements made in paragraph nos. 1 to 11 of the earlier writ petition, i.e. W.P.(C) 4855/2019. Moreover, the prayer nos. 1 and 2 of this writ petition are also similar to the prayer nos. 1 and 2 of the said earlier writ petition. For the sake of convenience, the prayer nos. 1 and 2 in the previous writ petition are quoted below:- 1. To set aside and quash the impugned opinion and order dated 06.04.2019, passed in F.T. Case No. 426/2015 by the learned Member, Foreigners Tribunal No.6, Barpeta,