Foreigners' Family Must Be Told Of Detainee's Whereabouts: Gauhati High Court Allows Man To Meet Relatives Detained At Assam Holding Centre

The Gauhati High Court, on Wednesday (June 4) permitted a man to meet his two uncles who are stated to be detained in a holding centre in Assam's Kokrajhar area. 

The court was hearing a writ petition concerning the alleged disappearance of two individuals who were previously declared as foreigners by the Foreigners Tribunal in 2017. The petition was filed by one Torap Ali seeking to know the whereabouts of his uncles Md. Abdu Bakkar and Akbar Ali. In the previous hearing on May 29, the high court had asked the counsel appearing for the respondent authorities–Foreigners Tribunal matters to obtain instructions regarding the status and current location of the petitioner's uncles.

After being informed by the counsel for foreigners' tribunal matters that petitioner's relatives are at a holding centre in Kokrajhar, a division bench of Justice Kalyan Rai Surana and Justice Malasri Nandi in its order dictated:

"On such disclosure made the court is inclined to grant the petitioner's visitation right to the said two detained persons on the strength of a certified copy of this order. The official who is in custody of Md. Abdu Bakkar and Akbar Ali, on a production of a certified copy of this order shall permit visitation right to the petitioner". 

The court also referred to Supreme Court's order dated May 10, 2019 in WP(C) 1045/2018 which had granted bail to the petitioner's uncles subject to certain conditions. 

During the hearing, the counsel appearing for the Foreigners Tribunal matters informed the court that as per instructions received by him the petitioner's uncles were presently lodged at a holding centre in Kokrajhar.  However, senior counsel HRA Chaudhary appearing for petitioner contended no information was provided to them regarding the whereabouts.

At this stage the court said that the petitioner has stated that there is a Supreme Court order on bail and that they have complied with the bail conditions mentioned therein. The counsel said that an affidavit shall be filed to that effect pointing out that there were certain issues claiming that the conditions had been violated. 

The court at this stage orally said, "They will not be deported till the next date of listing".

The court further orally remarked, "Ideally citizens have right to be informed. Even if he is a declared foreigner...family has a right to be informed". 

The court further directed the state respondents– Respondents 2-7 to file an "affidavit regarding the apprehending and detaining" of the petitioner's uncles at the holding camp at Kokrajhar.

Respondents 2-7 in the petition are–State of Assam represented through its Home Department, DGP Assam, District Commissioner Kamrup, Superintendent of Police Kamrup, Special Director General of Police (Border) Assam and Officer-in-charge Nagarbera police station.

Background

The case stemmed from an opinion dated December 12, 2017, issued by the Member of Foreigners Tribunal, Kamrup (Rural), which declared Abdu Bakkar and Akbar Ali to be foreigners and held them liable for deportation.

The petitioner had previously contended that both individuals were taken into custody on the same day the Foreigners Tribunal pronounced its order. Subsequently, by orders dated May 10, 2019, and April 13, 2020, the Supreme Court of India granted them bail, subject to specific conditions. The petitioner had submitted that both individuals had complied with those conditions.

However, on May 24, 2020, both the uncles—Md. Abdu Bakkar and Akbar Ali—were re-apprehended, and their whereabouts remained unknown. The petitioner claimed that he made several efforts to trace them, including representations to the border police, the Superintendent of Police (Border) of Barpeta and Kamrup, and enquiries at the Matia Transit Camp in Goalpara, but yielded no results.

In view of these circumstances, the court had while issuing notice on the plea directed the petitioner to provide requisite extra copies of the writ petition to the Deputy Solicitor General of India, the State, and departmental counsel on the same day. 

The matter is next listed on June 16.

Case Title: Torap Ali V Union (Case No. : WP(C)/2917/2025)

Counsel For Petitioner: Senior Advocate HRA Choudhury with Advocate AW Aman

Counsel For Union of India R1: Deputy Solicitor General of India (DSGI) RKD Choudhury

Counsel for State Respondents 2-7: Standing counsels B Gogoi and J Payeng