Dismissed

Isajul Hussain v. the State of Assam and Ors.

Gauhati HC4 Jun 2025W.P.(Crl.)/20/2025

Case brief

AI extract

What is this about?

Habeas corpus petition for one Abdul Salam @ Abdus Salam, detained as a declared foreign national pursuant to a Foreigners Tribunal opinion and held at Matia Detention Camp, Goalpara. After the tribunal's opinion/order was furnished to him, counsel for petitioner sought withdrawal to pursue appropriate legal remedy; the writ petition was dismissed as withdrawn with liberty.

What the court decided

AI extract

Isajul Hussain Vs the State of Assam and Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010117722025

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

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Case No. : W.P.(Crl.)/20/2025

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ISAJUL HUSSAIN

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S/O- ABDUL SALAM @ ABDUS SALAM. VILL.- MADHAB PARA, P.S.- KACHUA, DIST.- NAGAON, ASSAM, PIN782426.

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VERSUS

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THE STATE OF ASSAM AND ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY OF THE HOME DEPARTMENT, GUWAHATI-06.

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2:THE DIRECTOR GENERAL OF POLICE ULUBARI GHY-06.

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3:THE SUPERINTENDENT OF POLICE WEST KARBI ANGLONG ASSAM PIN-782460

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4:THE OFFICER-IN-CHARGE KHATKHOTI POLICE STATION ASSAM PIN-782480

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5:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSA

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Advocate for the Petitioner : MR. R C DAS, MR. A. KASHYAP,A JUBARIA,MR. H RAHMAN,MR S HUSSAIN

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Advocate for the Respondent : GA, ASSAM, PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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Date : 05.06.2025

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[M. Choudhury, J]

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Heard Mr. R.C. Das, learned counsel for the petitioner and Mr. D. Nath, learned Senior Government Advocate, Assam for the State respondents.

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The instant writ petition is preferred seeking a writ in the nature of habeas corpus in respect of one Abdul Salam @ Abdus Salam, S/O – Ali Hussain.

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Mr. Nath, learned Senior Government Advocate, Assam, on the basis of instructions he has received, has submitted that pursuant to an Opinion/Order dated 27.09.2023 passed by the Foreigners Tribunal, Diphu in F.T. Case no. 205/2009, the said person has been detained and apprehended as a declared foreign national and thereafter, he has been handed over to the Border Branch Office of the Superintendent of Police, Karbi Anglong, Diphu for verification of records and for uploading his biometrics in Foreigner’s Identification Portal [FIP]. He has further submitted that on completion of the said procedure, the person has been forwarded to the holding area located at Matia, Goalpara and at present, the person is at Matia Detention Camp, Goalpara.

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Mr. Das, learned counsel appearing for the petitioner has submitted that he may be furnished with a copy of the Opinion/Order dated 27.09.2023 passed by the Foreigners Tribunal, Karbi Anglong, Diphu in F.T. Case no. 205/2009.

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Mr. Nath, learned Senior Government Advocate, Assam has furnished a copy of the Opinion/Order dated 27.09.2023 [supra] to Mr. Das.

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Mr. Das, learned counsel for the petitioner has prayed for withdrawal of the writ

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Page No.# 3/3

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petition to seek appropriate remedy available under the law.

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In view of the above submission made by the learned counsel for the petitioner, the writ petition is dismissed on withdrawal, with the liberty, as prayed for.

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JUDGE JUDGE

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Comparing Assistant

Isajul Hussain v. the State of Assam and Ors.

Case brief

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Isajul Hussain v. the State of Assam and Ors.

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