Guwahati: The Gauhati High Court on Monday ordered the immediate release of a man detained during Assam’s recent crackdown on individuals declared as ‘foreigners’, terming his detention unlawful.
The court’s directive came in response to a plea filed by Mozida Begum, a resident of Goalpara, whose son Hasinur also known as Hachinur was detained by Assam Police on May 25 despite having a pending appeal in the High Court and being out on bail as per a previous court order.
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A division bench comprising Justices Kalyan Rai Surana and Malasri Nandi declared the detention illegal and asserted that “such an illegal detention cannot be allowed for even a minute.” The bench also denied the state counsel’s request for more time to seek instructions from their authorities.
Hasinur was initially declared a foreigner in 2018 by the Foreigners Tribunal in Kamrup (Metro) and was subsequently placed in Goalpara District Jail in 2019. He had filed a writ petition in the Gauhati High Court in 2020 challenging the tribunal’s order.
In June 2021, a High Court bench, including the then Chief Justice Sudhanshu Dhulia and Justice Achintya Malla Bujor Barua, had granted him bail, citing a Supreme Court directive that allowed the release of detainees who had spent over two years in custody.
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Despite complying with all bail conditions—including weekly appearances at the Goalpara police station, most recently on May 5, 12, and 19—Hasinur was re-detained in May 2025 during a statewide operation to detain and deport individuals declared as foreigners.
Following his sudden disappearance, his family claimed they had no knowledge of his whereabouts. It was only after his mother’s petition that the court was informed by the Standing Counsel for Foreigners Tribunal matters that Hasinur was being held at a holding centre in Kokrajhar, located within the 7th Police Battalion premises.
The court reaffirmed that his earlier petition remains pending, further strengthening the case for his continued release on bail. Monday’s ruling marks a significant check on arbitrary detentions carried out under Assam’s foreigners’ identification drive.