Gauhati High Court Seeks State's Response In Plea By Families Of Missing Detainees Allegedly Declared As “Foreigners”

The Gauhati High Court bench of Justices Kalyan Rai Surana and Malasri Nandi on Thursday, issued notice to the State's counsel, directing them to obtain instructions regarding the whereabouts of two residents of Assam's Kamrup district, who have been untraceable since their detention by the Assam Police on May 25, as claimed by their family.

The present petition has been filed seeking whereabouts of the petitioner's uncles who have gone missing since they were detained by the Assam Police.

The Petitioner submitted that by an opinion dated 12.12.2017, the learned Member of Foreigners Tribunal No.1, Kamrup (Rural), declared Md. Abdu Bakkar to be a foreigner belonging to the post-25.03.1971 stream and directed that he be pushed back to the specified territory. This opinion was challenged before this Court by filing W.P.(C) No. 293/2018. However, the writ petition was disposed of by an order dated 04.12.2018.

Similarly, Akbar Ali was also declared to be a foreigner of the post-25.03.1971 stream. The said declaration was challenged by way of W.P.(C) No. 301/2018, which too was dismissed by this Court by order dated 04.12.2018.

On the date the Tribunal's opinion was pronounced, both Md. Abu Bakkar and Akbar Ali were taken into custody. However, pursuant to the Supreme Court's orders dated 10.05.2019 in W.P.(C) No. 1045/2018 and 13.04.2020 in Suo Motu W.P.(C) No. 01/2020, they were released on bail subject to certain conditions.

It is submitted that both individuals have scrupulously complied with those conditions.

It is stated that on 24.05.2020, both individuals—who are the petitioner's uncles—were apprehended, and since then, their whereabouts have remained unknown to the family. As per instructions received, the petitioner approached the Border Police, including the Superintendent of Police (Border), Barpeta and Kamrup, and also made inquiries at the Transit Camp in Matia, Goalpara; however, no information regarding their whereabouts has been provided.

Based on the above, the court held that under such circumstances,a notice is required to be issued accordingly the notice was issued notice returnable on 04.06.2025.

The court also held that requisite extra copies of the writ petition shall be furnished to the DSGI, State, and Departmental counsel during the course of the day. The standing counsel for Foreigners Tribunal matters was directed to obtain instructions regarding the status and current place of detention of the petitioner's two uncles.

Case Title: TORAP ALI VERSUS THE UNION OF INDIA AND 6 ORS

Case Number: WP(C)/2917/2025

Order Date: 29/05/2025

Advocate for the Petitioner : MR A W AMAN, A MISHRA,MR. D K AGARWALA,MR SARFRAZ NAWAZ

Advocate for the Respondent : DY.S.G.I., GA, ASSAM

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