GAHC010118092025

2025:GAU-AS:14953-DB

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2991/2025

ASRAB ALI

S/O- LATE HATEM ALI.

R/O- VILL.- KHABLAR VITHA, P.O.-KHABLAR VITHA, P.S.- BARPETA, DIST.-

BARPETA, ASSAM.

PIN-781352.

VERSUS

THE UNION OF INDIA AND ORS

REPRESENTED BY THE SECREATARY MINISTRY OF HOME AFFAIRS ,

GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI, PIN- 110001.

2:THE STATE OF ASSAM

THROUGH THE SECREATARY TO THE GOVERNMENT OF ASSAM

HOME DEPARTMENT

DISPUR

GUWAHATI

ASSAM

PIN-781006.

3:THE SUPERINTENDENT OF POLICE(B)

BARPETA

DISTRICT- BARPETA

ASSAM

PIN-781314.

4:THE DISTRICT COMMISSIONER

OFFICE OF THE DISTRICT COMMISSIONER

BARPETA

DIST.- BARPETA

ASSAM

PIN-781301.

5:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007.

6:THE SPECIAL DIRECTOR GENERAL OF POLICE (BORDER)

ASSAM.

ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007.

7:THE OFFICER-IN-CHARGE SARTHEBARI BARPETA ASSAM PIN-781307 Advocate for the Petitioner : MS. D GHOSH, MR. D K AGARWALA,MS A HUSSAIN,MR A.K.

HAJONG,MR. S. K. CHAKMA,MR I CHAKMA,MS N DEKA Advocate for the Respondent : DY.S.G.I., SC, ECI,SC, F.T,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

01.11.2025 Date :

(K.R. Surana, J)

Heard Mr. I. Chakma, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC; Mr. G. Sarma, learned standing counsel for FT, Border matters and NRC; Mr. M. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for ECI; and Mr. P. Sarmah, learned Addl.

Senior Govt. Advocate for the State.

2) The petitioner in this case is Asrab Ali. The case of the petitioner, in brief, is as follows:-

a. The petitioner’s elder sister, namely, Kamala Bhanu @ Shuna Bhanu (as spelt in the opinion of the learned Tribunal), is a declared foreign national vide opinion dated 10.09.2013, passed by the learned Member, Foreigners Tribunal- III, Barpeta, in F.T. Case No. 55(III)/2011 [arising out of Ref. IM(D)T Case No. 3436/B/98], whereby she was declared to a foreigner who has entered into India without authority after 25.03.1971 and therefore, an illegal migrant of post 25.03.1971 stream.

b. The said opinion was assailed by Kamala Bhanu @ Shuna Bhanu (as spelt in the High Court’s order), by filing W.P.(C) 285/2014, but the said writ petition was dismissed by order dated 10.11.2016, passed by the Division Bench of this Court. Thus, the said opinion dated

10.09.2013, was not interfered with.

c. Kamala Bhanu @ Shanu Bhanu (as spelt in the order of the Supreme Court of India), aggrieved by the order dated 10.11.2016, approached the Supreme Court of India by filing Special Leave Petition (Civil) Diary No.41477/2018. The petitioner has annexed a copy of the order dated 07.12.2018, passed by the Supreme Court of India, thereby issuing notice. But no document has been filed to show the present status of the proceeding before the Supreme Court of India.

d. It is projected that the said declared foreign national was taken into custody and after three years of detention, pursuant to the order passed by the Supreme Court of India, she was released as per release memo dated 13.01.2020, issued by the Superintendent of Police (Border), Barpeta.

e. The petitioner projects that despite her release, the said declared foreign national was again taken into custody on 25.05.2025.

f. Therefore, on 27.05.2025, the petitioner had approached the Director General of Police, Assam and had submitted a representation dated 27.05.2025, stating therein that he had appeared before the Barpeta Police Station and Office of the Superintendent of Police, but they refused to receive a copy of the order passed by the Supreme Court of India and accordingly, represented to consider the application and direct the Superintendent of Police, Barpeta to comply with the order. Be it stated that the copy of order passed by the Supreme Court of India, which was purportedly accompanying the said represen