Gauhati High Court
W.P.(Crl.)/17/2026 of HALIMA BEGUM Vs THE UNION OF INDIA AND 4 ORS on 31 May 2026
GAHC010063462026 2026:GAU-AS:7552- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/17/2026 HALIMA BEGUM W/O- ISLAM UDDIN LASKAR, RESIDENT OF VILL. BARUNCHERRA F.V. P.O. KUKICHERRA, P.S. KATLICHERRA, DIST. HAILAKANDI, ASSAM, PIN-
GAHC010063462026
2026:GAU-AS:7552-
DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(Crl.)/17/2026
HALIMA BEGUM
W/O- ISLAM UDDIN LASKAR, RESIDENT OF VILL. BARUNCHERRA F.V. P.O.
KUKICHERRA, P.S. KATLICHERRA, DIST. HAILAKANDI, ASSAM, PIN- 788801
VERSUS
THE UNION OF INDIA AND 4 ORS
REPRESENTED BY THE ASSISTANT SOLICITOR GENERAL OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI- 110001
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME AFFAIRS DEPARTMENT
DISPUR
ASSAM
GUWAHATI-6
3:THE SUPERINTENDENT OF POLICE
HAILAKANDI
DIST.- HAILAKANDI
ASSAM
PIN- 788151
4:THE SUPERINTENDENT OF POLICE (BORDER)
HAILAKANDI
DIST.- HAILAKANDI
ASSAM
PIN- 788151
5:THE OFFICER-IN-CHARGE
KATLICHERRA POLICE STATION
P.O.- KATLICHERRA
DIST.- HAILAKANDI
ASSAM
PIN- 78816
Advocate for the Petitioner : MR. S B LASKAR, MS D DUTTA,MR. H A LASKAR
Advocate for the Respondent : DY.S.G.I., MR. P SARMAH, ADDL. GOVT. ADV.,MR J PAYENG, SC, FT AND BORDER,MR. A I ALI, SC, ECI,MS. B SARMA, CGC
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 01.06.2026 [Manish Choudhury, J.]
Heard Mr. H.A. Laskar, learned counsel for the petitioner; Ms. B. Sarma, learned Central Government Counsel [CGC] for the respondent no. 1; and Ms. A. Verma, learned Standing Counsel, FT, Home & Political Department for the respondent nos. 2 – 5.
2. The petitioner has projected herself as the wife of one Sri Islam Uddin Laskar, son of Late Abdul Latif Laskar resident of Bamuncherra Forest Village, Post Office – Kukicherra, Police Station – Katlicherra, District – Hailakandi, Assam.
3. By an Order/Opinion dated 29.03.2017 passed, ex-parte, by the learned Member, Foreigners’ Tribunal, Hailakandi in F.T. Case no. 14/2016, corresponding to Katlicherra Police Station Enquiry no. 03/2016, Sri Islam Uddin Laskar was declared to be a foreigner.
4. When the said Order/Opinion of the Foreigners’ Tribunal was challenged by Sri Islam Uddin Laskar before this Court by way of a writ petition, W.P.[C] no. 3843/2017, the writ petition after consideration, was disposed of by an Order dated 20.12.2017 with a direction to the petitioner to avail the remedy provided under Order 3A[1] of the Foreigners [Tribunals] Order, 1964.
5. In deference to the said direction, Sri Islam Uddin Laskar preferred an application, Misc. Case no. 8/2018 before the Foreigners’ Tribunal, Hailakandi seeking recall of the ex- parte Order/Opinion. However, Misc. Case no. 8/2018 was rejected by an Order dated 05.03.2018.
6. Thereafter, Sri Islam Uddin Laskar filed a review petition, Review Petition no. 1/2020 before the Foreigners’ Tribunal, Hailakandi seeking review of the Order dated 05.03.2018. But the said review petition was also dismissed by an Order dated 07.12.2020.
7. Thereafter, Sri Islam Uddin Laskar approached this Court by way of a writ petition, W.P. [C] no. 3965/2025 to assail the Order dated 07.12.2020. By an Order dated 21.07.2025, the writ petition was dismissed on the ground of delay and laches.
8. A Special Leave Petition, SLP[C] no. 28272/2025 was preferred before the Hon’ble Supreme Court of India challenging the Order dated 21.07.2025 passed in W.P.[C] no. 3965/2025. The SLP was finally dismissed on 15.10.2025.
9. In the afore-said backdrop, the petitioner has projected that whereabouts of her husband, Sri Islam Uddin Laskar was not known since 06.02.2026. The petitioner is nursing an apprehension that her husband might have been taken into custody in the meantime for the purpose of deportation in view of the Order/Opinion of the Foreigners’ Tribunal.
10. As the issue regarding nationality of Sri Islam Uddin Laskar as attained finality, the petitioner while not agitating the said issue, has approached this Court seeking a direction from the respondent authorities to disclose whereabouts and custody status of Islam Uddin Laskar. The petitioner has stated that she has to approach this Court as disclosure was not made despite approaches made to the respondent no. 4 on 07.02.2026 and 28.02.2026.
11. Ms. Sarma, learned CGC appearing for the respondent no. 1 has submitted that she has received written instructions from the Commandant, 170 Bn BSF. As per the instructions, personnel of Assam Police from Sribhumi District brought sixteen nos. of declared foreigners including Sri Islam Uddin Laskar, son of Late Abdul Latif Laskar for expulsion to Bangladesh along with an Order of the District Commissioner, Hailakandi issued under Section 2 of Immigrants [Expulsion from Assam] Act, 1950. Instructions further mention that Sri Islam Uddin Laskar was sent back to Bangladesh from the Area of Operation and Responsibility [AOR] of 170 Bn BSF on the night intervening 10.02.2026 and 11.02.2026.
12. In view of such details provided as regards the present location of Sri Islam Uddin Laskar, son of Abdul Latif Laskar, there is no necessity to proceed further with the writ petition. The writ petition is accordingly disposed of.
13. The petitioner is, however, at liberty to resort to appropriate remedy as permissible under the law, if the petitioner is aggrieved in any manner by the action taken on the part of the respondent authorities.
JUDGE JUDGE Comparing Assistant