Gauhati High Court Orders Immediate Release of Man Wrongfully Detained as Foreigner

Court Ruling on Illegal Detention

On Monday, the Gauhati High Court mandated the prompt release of an individual labeled as a 'foreigner,' declaring his arrest while on bail to be unlawful, as reported by a legal news outlet.

The individual was taken into custody on May 25 when state police detained numerous residents under suspicion of being undocumented migrants from Bangladesh. Most were released after more than 15 hours once their documentation was confirmed.

A panel of Justices Kalyan Rai Surana and Malasri Nandi reviewed a petition filed by the man's mother, who informed the court that her son was arrested despite having been granted bail on June 7, 2021, and adhering to all conditions.

The High Court remarked, 'Arresting someone who is already on bail constitutes an overreach of this court's orders.' It emphasized that such unlawful detentions cannot be tolerated.

On June 6, the state's legal representative informed the court that the man was being held at the Kokrajhar detention facility.

In response, the court issued a notice and instructed the deputy commissioner of police in Kamrup, Guwahati, to refrain from deporting the petitioner's son, as reported by a legal news outlet. The court also permitted two family members to visit him.

The bench directed the officer in charge of the Goalpara police station to confirm the petitioner's assertion that her son had been consistently reporting to the police.

During the hearing on Monday, the state's counsel indicated that they had not yet received guidance regarding this verification process.

The court acknowledged the validity of the petitioner's claims and ordered the authorities to provide a compliance report by Friday.