Gauhati High Court Allows Man To Visit ‘Declared Foreigner' Uncles Detained In Assam Police Battalion
The Gauhati High Court directed the State of Assam's Home Department to file an affidavit concerning the apprehension and detention of the Petitioner.
The Gauhati High Court has granted visitation rights to a man whose two uncles, both "declared foreigners," have been detained by the Assam Police Battalion.
The Court directed the Union of India and other Authorities, including the State of Assam's Home Department, to file an affidavit concerning the apprehension and detention of the petitioner.
A Division Bench of Justice Kalyan Rai Surana and Justice Malasri Nandi held, “On such disclosure being made, the Court is inclined to grant to the petitioner visitation right to the said two detained person on the strength of a certified copy of this order. The official who is in-charge of the Holding Centre and/ or having the custody of said Md. Abu Bakkar and Akbar Ali, shall on production of a certified copy of this order, permit visitation right to the petitioner.”
Senior Advocate HRA Choudhury appeared for the Petitioner, while Deputy SGI RKD. Choudhury represented the Respondents.
Brief Facts
The notice for this affidavit was already issued by order dated May 29, 2025. The Respondents and the Home Department were ordered to file an affidavit "regarding apprehending and the detaining of the petitioner's in the Holding Centre at 7th Assam Police Battalion, Saraikhola, Kokrajhar i.e 1(one) prior to the next date of listing."
The Order also referenced conditions for the release of declared foreigners who have been in detention for three years, including Execution of bond with two sureties specifying "verifiable address of stay after release," and the capturing and storage of "Biometrics of his/her iris (if possible) and all ten fingerprints and photos" in a secured database.
Such individuals are also required to "report once every week to the Police Station specified by the Foreigners Tribunal" and "notify any change of his or her address to the specified Police Station on the same day." A "quarterly report to be submitted by the Superintendent of Police (Border) to the Foreigners Tribunal regarding appearance of such released declared foreigner to concerned Police Station and in case of violation of condition, the DFN will be apprehended and produced before Foreigners Tribunal."
Court’s Reasoning
The High Court, consequently, ordered, “As notice has already been issued by order dated 29.05.2025, the respondents and the Home Department/ respondents nos. 2 to 7 shall file an affidavit regarding apprehending and the detaining of the petitioner’s in the Holding Centre at 7th Assam Police Battalion, Saraikhola, Kokrajhar i.e 1(one) prior to the next date of listing.”
Accordingly, the High Court listed the matter for further hearing on 16th June, 2025.
Cause Title: Torap Ali v. Union of India & Ors. (WP(C)/2917/2025)
