GAHC010120752025

2025:GAU-AS:14153-DB

THE GAUHATI HIGH COURT

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

Case No: WP(C)/3099/2025

SANIDUL SHEIKH

S/O ABDUL SHEIKH

R/O.- CHATIBARGAON

P.S. KAJALGAON

DISTRICT- CHIRANG

ASSAM

PIN-783385.

VERSUS

THE UNION OF INDIA AND 6 ORS

REPRESENTED BY THE SECRETARY

MINISTRY OF EXTERNAL AFFAIRS

GOVERNMENT OF INDIA

SOUTH BLOCK

NEW DELHI-110011.

2:THE COMMISSIONER AND SECRETARY

HOME DEPARTMENT

GOVERNMENT OF ASSAM

DISPUR

GUWAHATI-781006.

3:THE DIRECTOR GENERAL OF POLICE

ASSAM

ULUBARI

GUWAHATI-08.

4:THE DISTRICT COMMISSIONER

CHIRANG

ASSAM

5:THE SUPERINTENDENT OF OF POLICE CHIRANG.

6:THE SUPERINTENDENT OF POLICE CHIRANG (BORDERS).

7:THE OFFICER-IN-CHARGE KAJOLGAON POLICE STATION DIST. CHIRANG ASSAM ------------

Advocate for : MR. M DUTTA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

24.10.2025 Date :

(K.R. Surana, J)

Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Ms. J. Sarma, learned CGC for respondent no.1; Mr. J. Payeng, learned standing counsel for the FT and Border matters, representing respondent nos. 2, 3, 5, 6 and 7; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate, representing respondent no.4.

2) The petitioner in this case is Sanidul Sheikh and his case is that his father, namely, Abdul Sheikh, is a declared foreign national vide opinion dated 13.06.2018, passed by the learned Member, Foreigners Tribunal, Chirang, Kajalgaon, in F.T. Case No. BNGN/FT/CHR/ 220/2007, arising out of Superintendent of Police, Chirang Ref. No. 220/2006. There is total absence of any statement in the writ petition that the said declared foreign national had assailed the said opinion dated 13.06.2018. Therefore, it is presumed that the said opinion dated 13.06.2018, had attained finality. The case of the petitioner is that his father, i.e. the declared foreign national was taken into custody on 30.04.2019 and after completion of more than two years of detention, he was released on 30.04.2021.

3) In the said connection, in this writ petition, the petitioner has made reference to (i) the directions contained in the order dated 10.05.2019, passed by the Supreme Court of India in W.P.(C) 1045/2019 – Supreme Court Legal Services Committee v. Union of India, (ii) two notifications dated 29.07.2019 and 26.08.2019, issued by the Govt. of Assam, Political (B) Department, thereby facilitating the release of those detenues who had completed more than three years of detention; and order dated 15.04.2020, passed by this Court in W.P.(C) (Suo Motu) 1/2020 – In Re: The Union of India & Ors.

4) It is projected that in terms of the conditions imposed for release of detained foreign nationals, the petitioner was appearing before the Kajalgaon Police Station every week and that his last presence was recorded in the said Police Station on 21.05.2025. However, on 25.05.2025, the said declared foreign national was taken into custody at about 11.30 pm on 25.05.2025 by the police personnel from Kajalgaon P.S. The learned counsel for the petitioner has submitted that the police had not served any arrest memo or grounds of arrest to the said declared and detained foreign national and his whereabouts was also not informed to the petitioner or any other family member. Accordingly, the petitioner had sent his FIR to the Superintendent of Police, Chirang and to the Superintendent of Police (Border), Chirang through registered post on 30.05.2025.

5) Accordingly, by filing this habeas corpus petition under Article

226 of the Constitution of India, the petitioner has prayed for (i) a direction for production of Abdul Sheikh before the Court having jurisdiction and conduct his medical check-up and to submit a report before this Court; (ii) to direct the respondents to release the said declared foreign national; and (iii) directing the respondents not to resort to deportation without following due process and maintaining tran