Petitioner, nephew of two persons declared foreigners by a Foreigners Tribunal and detained for push back, sought quashing of their detention. As the detenues themselves filed separate writ petitions challenging the tribunal opinion, the court held the petitioner was not a person aggrieved and dismissed the writ petition.
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GAHC010115532025
2025:GAU-AS:14837-DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2917/2025
TORAP ALI
S/O JUMUR UDDIN, R/O VILL- BHUKURADIA, P.O.- TUPAMARI, P.S.NAGARBERA, DIST- KAMRUP, ASSAM, PIN-781127
VERSUS
THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001
2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT
GUWAHATI-781006
3:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007
4:THE DISTRICT COMMISSIONER KAMRUP ASSAM PIN-781031
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6:THE SPECIAL DIRECTOR GENERAL OF POLICE (BORDER) ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWHAATI-781007
7:THE OFFICER-IN-CHARGE NAGARBERA POLICE STATION KAMRUP ASSAM PIN-78112
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
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 03.11.2025 (K.R. Surana, J)
Heard Mr. A. Rahman, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned DSGI for respondent no.1; Mr. G. Sarma, learned standing counsel for the FT, Border matters and NRC, representing respondent nos. 2, 3, 5, 6 and 7; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate, representing respondent no.4.
a. Abu Bakkar Siddik @ Abubakkar Siddique was declared as foreigner/illegal migrant vide opinion dated 12.12.2017,
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passed by the learned Member, Foreigners Tribunal No.1, Kamrup (Rural) at Guwahati, in G.F.T.(R)/ Case No. 205/2017 [bearing IM(D)T Case No. 12/1998.
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described as Late Jara Akand, whereas the name of his father is Late Jasa Akand. Accordingly, this Court, by order dated 04.012.2018, dismissed the writ petition on that ground that only Akbar Ali, son of Late Jara Akand would have the locus standi to assail the said opinion.
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Constitution of India, the petitioner has prayed for (i) to issue a direction in the nature of certiorari and/or any other writ, order of declaration to quash the decision of the respondent authorities to “push back” the two uncles of the petitioner, namely, Abu Bakkar Siddik @ Abubakkar Siddique and Akbar Ali, who were detained on 25.05.2025; (ii) for issuing a mandamus and/or any other writ, order or declaration to the respondent authorities to follow the due procedure as applicable for deportation of the said two uncles of the petitioner and till initiation of the same, to direct the respondent authorities to release the said two detenues
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liberty was granted to the petitioner to file affidavit-in-reply. Moreover, the Court had also directed the In-Charge of the said Holding Centre that on production of a certified copy of the order, the writ petitioner be allowed to meet the detained foreign nationals along with one family member and one advocate. Thereafter, on the prayer made by the learned counsel for the petitioner, the matter was adjourned vide order dated 14.07.2025, 18.08.2025, 27.08.2025 and 17.09.2025. It may be mentioned that vide order dated 11.08.2025, the matter was adjourned on the prayer made by the learned standing counsel for the FT and Border matters. Moreover, by order dated 17.09.2025, by order dated 04.06.2025, the Court had directed the In-Charge of the said Holding Centre to allow the writ petitioner and one family member to meet the two detained foreign nationals and obtain their signature in the vakalatnama.
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said to be a person aggrieved.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether a nephew has locus standi to challenge detention and proposed push back of declared foreign nationals who have themselves filed writ petitions against the tribunal opinion?
Colour shows how this judgement treated each authority
Supreme Court Legal Services Committee v. Union of India & Anr.Referred¶6
W.P.(C) No. 1045/2018 – Supreme Court Legal Services Committee v. Union of India & Anr.
W.P.(C) 3099/2025Referred¶15
1 provisions across 1 enactments
Torap Ali
The Union of India
The State of Assam
The Director General of Police Assam
The District Commissioner Kamrup
The Superintendent of Police (B) Kamrup
Kalyan Rai Surana
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
