Disposed¶27

Samir Ali v. the Union of India and 5 Ors.

Gauhati HC2 Dec 2025WP(C)/6867/2025

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/6867/2025; Samir Ali v. Union of India and 5 others; writ petition under Article 226 withdrawn; challenge to Foreigners' Tribunal (5th) Darrang, Mangaldai opinion dated 23.02.2018 in FT(V) 1047/2016 (S.P. Enquiry No. 428); maintainability of son challenging father's FT opinion; proceedee Nur Islam in custody since 25.05.2025 at Holding Centre, 7th Assam Police Battalion, Charaikhola, Kokrajhar; liberty sought for visitation rights to obtain signature on vakalatnama; petition closed on withdrawal; decision dated 03.12.2025; Justices Kalyan Rai Surana and Yarenjungla Longkumer.

What did the court decide?

Liberty to the petitioner to approach the Court again seeking visitation rights to meet his father for obtaining his signature on the vakalatnama; writ petition closed on withdrawal. ¶27

Samir Ali Vs the Union of India and 5 Ors. — Writ and Judicial Review | Gauhati HC (2025)

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GAHC010265182025

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

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Case No. : WP(C)/6867/2025

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SAMIR ALI

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S/O.- NUR ISLAM, R/O.- VILL.- ROHINIKASH, P.O. AND P.S.-- DALGAON, DIST.- DARRANG, ASSAM..

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VERSUS

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THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA, HOME AFFAIRS DEPARTMENT, NEW DELHI-01.

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 06. 3:THE ELECTION COMMISSION OF INDIA NEW DELHI-01 INDIA. 4:THE STATE CO-ORDINATOR NRC ASSAM.

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5:THE DISTRICT COMMISSIONER DARRANG MONGALDAI DIST.- DARRANG ASSAM. PIN- 784115

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6:THE SUPERINTENDENT OF POLICE (B)

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DARRANG DISTRICT- DARRANG ASSAM. PIN- 78411

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Advocate for the Petitioner : MR A ALI, MS. M KHATUN,MS K TAYE

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Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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Date : 03.12.2025 (K.R. Surana, J)

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Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC; Ms. A. Verma, learned standing counsel for the FT matters; Mr. G. Sarma, learned standing counsel for NRC; Ms. S. Katakey, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent.

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By filing this writ petition under Article 226 of the Constitution of India, the petitioner, who is the son of the proceedee, namely, Nur Islam, has assailed the impugned opinion dated 23.02.2018, passed by the learned Member, Foreigners’ Tribunal (5^th ), Darrang, Mangaldai in Case No. FT(V) 1047/2016, arising out of S.P. Enquiry No. 428 dated 10.02.2025, by which the petitioner was declared as an illegal migrant.

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On a query of the Court as to why this writ petition would be maintainable to assail the opinion rendered against his father, the learned counsel for the petitioner seeks leave of the Court to withdraw this writ petition, with liberty to approach the Court again for seeking a direction upon the

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respondent authorities to allow the petitioner to meet his father to obtain his signature on the vakalatnama, as he was taken into custody on 25.05.2025 and is allegedly lodged in the Holding Centre at 7th Assam Police Battalion, Charaikhola, Kokrajhar.

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Prayer is considered and allowed.

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This writ petition stands closed on withdrawal, with liberty to the petitioner to approach the Court again seeking visitation rights to meet his father for obtaining his signature on the vakalatnama.

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JUDGE JUDGE

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Comparing Assistant

Samir Ali v. the Union of India and 5 Ors.

Case brief

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Samir Ali v. the Union of India and 5 Ors.

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