Detention of Declared Foreigner Complying with Bail Conditions Illegal: Gauhati High Court

Staff Reporter

Guwahati: The Gauhati High Court recently raised serious concerns over the continued detention of Hachinur @ Hasinur, a resident of Milan Nagar in Goalpara, who had been picked up by the Border Police on May 25, 2025, despite being released on bail in 2021 and allegedly complying with all bail conditions, including weekly attendance at the local police station. The Court observed that if the detenu had been appearing regularly as required, his custody may amount to illegal detention.

The division bench of Justice Kalyan Rai Surana and Justice Malasri Nandi was hearing a petition filed by Mozida Begum, mother of Hachinur, who approached the court after her son disappeared from public view following his detention. He was later found to be detained at the Kokrajhar Holding Centre for illegal migrants. Her petition included an annexure containing an attendance sheet attested by the police station showing that Hachinur had signed in at Goalpara Police Station on May 5, May 12, and May 19, a few days before he disappeared.

During the hearing, Advocate A.R. Sikdar, counsel for the petitioner, informed the court that he had been able to meet Hachinur in the Kokrajhar Holding Centre, where he is currently lodged. He urged the Court to consider granting bail on the ground that Hachinur had been fully complying with the conditions laid down when he was released on bail by the High Court in 2021.

The bench took note of the submissions and orally observed that if the detenu had in fact been reporting to the police every week as required, then his re-detention may lack a legal basis.

However, the bench remarked, “But if he was not violating his bail conditions, detention may be illegal.” It further directed that the annexure with the attendance sheet signed by police officers be sent to the Officer-in-Charge of Goalpara Police Station for immediate verification.

Meanwhile, the Standing Counsel for the Foreigners Tribunal, appearing for the state government, indicated that an affidavit could be filed after the facts were verified. The bench agreed to proceed formally but underscored that the matter could not be allowed to drift, especially in light of what appeared to be documented compliance by the detainee.

Accordingly, the court reiterated that the matter required active steps, as a notice had already been issued on June 6.

The Court further directed the Officer-in-Charge of Goalpara Police Station to verify the authenticity of the attendance sheet annexed with the petition; asked the petitioner’s counsel to provide a soft copy of the entire petition and annexure to the FT’s standing counsel, who is to forward it via email to the SP (Border), Goalpara, and the Officer-in-Charge, Goalpara PS.

The State was also directed to file an affidavit confirming or contesting the contents of the attendance sheet by Monday (June 16), when the matter is to come up for the next hearing.

It needs to be mentioned that Hachinur was declared a foreigner by a Foreigners Tribunal prior to 2021. However, he was granted bail by the Gauhati High Court and released on conditions set out in the Supreme Court directions concerning long-term detainees during the COVID-19 pandemic. One key condition was that he appear at the local police station weekly. The family maintains he had never missed a date and that this was confirmed through police-signed attendance records.

Despite this, he was taken into custody by Border Police on May 25, 2025. His location was only confirmed during the June 6 hearing, when the FT counsel revealed he was at Kokrajhar Holding Centre.

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