Hafija Begum Vs the State of Assam and Ors.

2:THE DISTRICT COMMISSIONER MORIGAON ASSAM PIN-782105 3:THE SUPERINTENDENT OF POLICE (B) MORIGAON ASSAM PIN-782105 4:THE INCHARGE DETENTION CENTRE/ TRANSIT CAMP MATIA GOALPARA ASSAM PIN-78312

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Advocate for the Petitioner : P. GHOSH, B DAS,MRS S RAHANA,MR. A M AHMED

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Advocate for the Respondent : GA, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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13.06.2025

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Heard Mr. AM Ahmed, learned counsel for the petitioner.

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It is the case of the petitioner that her husband, namely, Atap Uddin @ Attab Uddin was declared as illegal migrants from specified territories by the ex-parte order dated 09.05.2024 in Case No. FT(C) 1090/2012.

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Since 26.05.2025, the aforesaid declared foreigner is detained in the Matia Detention Centre, Goalpara.

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It is the case of the petitioner that though the petitioner visited the detention centre on 01.06.2025 and 09.06.2025 and repeatedly requested the In-Charge of the Centre to allow her to have an audience with her husband/detenu and to obtain his signature on necessary documents/papers including Vakalatnama to pursue further legal remedies before the appropriate legal forum, however, the concerned authority, instead of allowing to have an audience with her husband and putting signature on Vakalatnama, returned her back from the Gate of the detention centre and accordingly, not allow the petitioner to provide cloths and other necessary articles to her husband.

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Thus the present writ petition is filed with a limited prayer that the aforesaid declared foreigner wish to prefer writ petition before this court challenging the ex-perte order passed by the Tribunal, however, the authorities are not allowing the petitioner to meet her husband, who is in detention and even are not allowing to sign the vakalatnama for the purpose of preferring writ

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petition.

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Mr. J. Handique, learned Government Advocate submits that since the prayer is limited, this writ petition may be disposed of directing the In-charge, Matia Detention Centre, Goalpara to allow the petitioner to meet the aforesaid detenus/ detenues and to obtain his signature and necessary papers for the purpose pursuing legal remedies.

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This court is also of the opinion that the declared foreigner shall have a right to pursue legal remedy and therefore, the authorities are under bounden duty to afford him the opportunity to get his documents signed for the purpose of taking legal remedies and allow him to meet his family members in the detention camp.

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Accordingly, the present writ petition stands disposed of directing the In-charge, Matia Detention Centre, Goalpara to allow the petitioner to meet her husband as detailed hereinabove, at a time convenient to the In-charge, within a day from today and on receipt of a copy of this order and thereafter allow the detenus/detenues to sign the documents including the vakalatnama for further course of action.

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JUDGE

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Comparing Assistant

Hafija Begum v. the State of Assam and Ors.

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Hafija Begum v. the State of Assam and Ors.

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