'Even A Minute Of Illegal Detention Isn't Allowed': Gauhati HC Orders Release Of 'Foreigner' Held Despite Bail Conditions Compliance

The Gauhati High Court today ordered the immediate release of a declared 'foreigner' who was taken into custody on May 25, 2025 and held at the Kokrajhar Holding Centre, despite having been granted bail in 2021 by the HC and consistently complying with all bail conditions, including weekly reporting to his local police station. “…the subsequent detention of the son of the petitioner is ex facie illegal. Under such circumstances, it becomes the duty of the Court to protect the fundamental right of the detained person under Article 21 of the Constitution of India. Arrest of a person who is already on bail amounts to overreach of the orders passed by this court, and therefore, thus, such illegal detention can't be allowed for a minute,” a bench of Justice Kalyan Rai Surana and Justice Malasri Nandi. The court passed the order while dealing with a plea moved by the mother of the detenue-Hachinur @ Hasinur, wherein it was claimed that he was taken into custody by the Border Police of Goalpara on May 25, even though he was released on Bail on June 7, 2021, in pursuance of an order passed by a division bench of the HC, and that he had been complying with all the bail conditions. It was also submitted that the son of the petitioner has been regularly attending the police station in accordance with the bail condition. When the petition came up before the Court on June 6, the Standing Counsel, FT matters, submitted that the detenue is currently lodged at the Kokrajhar Holding Centre at C/o 7th Assam Police Battalion, Charaikhula, District of Kokrajhar. In view of this submission, the Court had issued notice including notice on the prayer for bail and the Deputy Commissioner of Police (B), Kamrup(M), Guwahati, was directed to take steps not to deport the son of the petitioner. The bench also allowed two family members to meet the detenue. Hearing the matter again on June 11, the bench has prima facie opined that if the son of the petitioner had been complying with the bail conditions of the order of the bail, he would have made a case for bail. However, as a matter of abundant caution, the bench directed the Officer-in-Charge of Goalpara Police Station to verify the correctness of the assertion made by the petitioner that her son had been attending the police station regularly. Now, when the matter came up for a hearing today, the bench was apprised by the state counsel that no instructions had been received by them, and thus, a short adjournment was sought. The bench, however, rejected the prayer and prima facie accepted the veracity of the claim made by the petitioner and issued a writ of habeas corpus for the release of the petitioner's son. The bench has also directed the concerned authorities to inform the court about the compliance with the order on Friday. The court also advised the home department of the state to give timely instructions to the standing counsels. Citation: 2025 LiveLaw (Gau) 29

'Even A Minute Of Illegal Detention Isn't Allowed': Gauhati HC Orders Release Of 'Foreigner' Held Despite Bail Conditions Compliance

Sparsh Upadhyay

Tags