Gauhati High Court
I.A.(Civil)/2336/2026 of MAINUDDIN AHMED Vs THE UNION OF INDIA AND 6 ORS on 16 July 2026
GAHC010145672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3708/2026 MAINUDDIN AHMED S/O- LATE DARAGHI ALIAS DAROG ALI ALIAS DAROG ALI SHEIKH, R/O. VILL.-NO. 3 DHALPUR, P.O.-DHALPUR, P.S. SIPAJHAR, DIST.-DARRANG, ASSAM.
GAHC010145672026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3708/2026
MAINUDDIN AHMED
S/O- LATE DARAGHI ALIAS DAROG ALI ALIAS DAROG ALI SHEIKH, R/O.
VILL.-NO. 3 DHALPUR, P.O.-DHALPUR, P.S. SIPAJHAR, DIST.-DARRANG, ASSAM. PRESENT ADDRESS- VILL- NIZ NAGORJAN, P.O. AND P.S. - KHARUPETIA, DIST.- DARRANG, ASSAM. PIN. 784145.
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
OF HOME AFFAIRS, NEW DELHI - 1.
2:THE ELECTION COMMISSION OF INDIA
3:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI - 6.
4:THE STATE CO-ORDINATOR OF NRC
BHANGAGARH
ASSAM
GUWAHATI - 05.
5:THE DISTRICT COMMISSIONER
DARRANG
ASSAM
PIN -784125.
Page No.# 2/5
6:THE SUPERINTENDENT OF POLICE
DARRANG AT MANGOLDOI
ASSAM
PIN -784125.
7:THE OFFICER- IN-CHARGE
KHARUPETIA POLICE STATION
DISTRICT - DARRANG
ASSAM
PIN - 784125
Advocate for the Petitioner : MR. M U MAHMUD, MR S H MAHMUD,MR SAIFUL
ISLAM,MS. B CHETIA,S SEKH
Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T
Linked Case : I.A.(Civil)/2336/2026
MAINUDDIN AHMED
S/O- LATE DARAGHI ALIAS DAROG ALI ALIAS DAROG ALI SHEIKH
R/O. VILL.-NO. 3 DHALPUR
P.O.-DHALPUR
P.S. SIPAJHAR
DIST.-DARRANG
ASSAM. PRESENT ADDRESS- VILL- NIZ NAGORJAN
P.O. AND P.S. - KHARUPETIA
DIST.- DARRANG
ASSAM. PIN. 784145.
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF HOME AFFAIRS
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI - 1.
3:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
Page No.# 3/5
HOME DEPARTMENT
DISPUR
GUWAHATI - 6.
4:THE STATE CO-ORDINATOR OF NRC
BHANGAGARH
ASSAM
GUWAHATI - 05.
5:THE DISTRICT COMMISSIONER
DARRANG
ASSAM
PIN -784125.
6:THE SUPERINTENDENT OF POLICE
DARRANG AT MANGOLDOI
ASSAM
PIN -784125.
7:THE OFFICER- IN-CHARGE
KHARUPETIA POLICE STATION
DISTRICT - DARRANG
ASSAM
PIN - 784125.
------------
Advocate for : MR. M U MAHMUD
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HON’BLE MR. JUSTICE PRANJAL DAS
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O R D E R
17.07.2026 (K.R. Surana, J)
Heard Mr. M.U. Mahmud, learned counsel for the applicant/petitioner. Also heard Mr. S.K. Singh, learned CGC; Ms. A. Verma, learned standing counsel for the FT & Border matters; Mr. S. Katakey, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for the State respondent.
2. By filing this interlocutory application, the applicant is seeking release/bail from the Transit Camp at Matia, Goalpara, where he is detained since 02.07.2026 pursuant to opinion dated 29.06.2026, passed by the learned Member, Foreigner’s Tribunal No.4th, Darrang, Mangaldai, in F.T.4th Case No. 708/SPR/2017, arising out of F.T. Case No.1254/11, corresponding to reference IM(D)T Case No.1465/2001.
3. The prayer for bail is opposed by the learned standing counsel for the FT matters on the ground that it has taken a lot of effort for the Superintendent of Police (Border), Darrang and the district administration to apprehend the applicant.
4. Considering that the applicant has been taken into custody since 02.07.2026 and has suffered detention for about 15 days, the Court is of the considered opinion that the applicant, namely, Mainuddin Ahmed be released on bail, subject to compliance of the following conditions:
a. The family members of the applicant shall appear before the Superintendent of Police (Border), Darrang and furnish bail bond of Rs.5,000/- (Rupees five thousand only) with 2 (two) solvent sureties of like amount to the satisfaction of the said authority.
b. Before releasing the applicant on bail, the Superintendent of Police (Border), Darrang shall obtain the biometrics of the iris of both eyes, the fingerprints of both hands and the photographs of the applicant.
c. The said authority shall also obtain necessary information and documentation as required under the Rules from the applicant for securing his presence.
5. Thereafter, steps shall be taken by the Superintendent of Police (Border), Darrang to have the applicant released from the Transit Camp within 3 (three) days from the date of receipt of certified copy of this order.
6. As a further condition of bail, the applicant is directed not to leave the territorial jurisdiction of the Superintendent of Police (Border), Darrang without prior written intimation to the said authority, failing which, it would be open to the Superintendent of Police (Border), Darrang to move this Court for cancellation of bail.
7. This interlocutory application stands allowed and disposed of.
JUDGE JUDGE
Comparing Assistant