Assam tells High Court two ‘missing' declared foreigners held at Kokrajhar battalion
GUWAHATI
The Assam Government has informed the Gauhati High Court that two brothers, whose whereabouts were not known since their arrest on May 25, are currently lodged at a State police battalion in Kokrajhar district.
Abu Bakkar Siddik and Akbar Ali were declared foreigners by a Foreigners' Tribunal (FT) in 2017. Their nephew, Torap Ali of Bhukuradia village in Kamrup district, filed a petition in May seeking information on their status following their arrest.
Hearing the matter on Wednesday (June 5, 2025), a Division Bench comprising Justice Kalyan Rai Surana and Justice Malasri Nandi granted the petitioner the right to visit his uncles at the battalion.
The Bench noted that 'the learned standing counsel for the FT matters submitted that as per instructions received by him, the petitioner's uncles... taken into custody are presently lodged at Holding Centre at 7th Assam Police Battalion, Saraikhola, Kokrajhar.'
The Court directed the State government to file an affidavit regarding the apprehension and detention of the two men at the police battalion a day prior to the next date of hearing, scheduled for June 16.
The High Court had issued notice to the Assam government on May 29, directing it to provide details about the whereabouts of the two brothers and the 'arbitrary arrest of declared foreigners who are apprehending illegal pushback'.
The petitioner claimed that the authorities had not provided any details since May 25, when the brothers were summoned to Nagarbera police station in Kamrup district.
The two men were previously detained at the Goalpara district's Matia detention camp in 2017 after being declared foreigners by an FT for failing to establish that they or their ancestors had entered India before the March 24, 1971, cut-off date under the Assam Accord of 1985.
They were released on bail in 2020 following a Supreme Court directive permitting the release of declared foreigners detained for more than two years.
'Insofar as the larger issue, namely, deportation of declared foreigners and setting up of additional Foreigners Tribunals in the State of Assam is concerned, upon hearing Mr. Tushar Mehta, learned Solicitor General, appearing for the State of Assam, we are of the view that the State should be given some further time to indicate the progress made on the diplomatic level, etc.,' the Bench said.
'Further, we would require the State to place on record a detailed scheme, in consultation with the Gauhati High Court (on the administrative side), with regard to the constitution of Foreigners Tribunals, including the appointment of members, staff, etc.,' it added.
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