By CJP Team

What We Know So Far: July 16, 2025

At the hearing on July 16, 2025, the Gauhati High Court has formally closed the writ petition filed by Bakkar Ali concerning the disappearance and feared deportation of his father, Samsul Ali, after the Court was informed that the detained person had been recovered in an unconscious state in Bijni, had not been rearrested, and had been produced before police authorities, albeit informally.

At the hearing, counsel for the petitioner submitted that on July 10, 2025, in compliance with earlier court directions, Samsul Ali had been taken to the office of the SP (Border), Chirang. However, the SP was not present at the time, and hence his appearance was not formally recorded. The counsel further submitted that since then, Samsul Ali has been undergoing medical treatment and continues to remain out of custody.

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Recording these submissions, the Bench comprising Justices Kalyan Rai Surana and Susmita Phukan Khaund held that the apprehension of deportation no longer survives, particularly as no fresh action had been taken by the State to detain or remove Samsul Ali after his recovery. 

Counsel’s submissions

Appearing for the petitioner, Advocate Mrinmoy Dutta submitted that Samsul Ali was produced before the Superintendent of Police (Border), Chirang on July 10, 2025, in compliance with this Court’s earlier order. However, the SP was not present at the time, and as a result, no formal documentation or endorsement of his appearance could be made.

The counsel further submitted that since that date, Samsul Ali has been undergoing medical treatment, and no steps have been taken by the State to re-detain him or initiate any deportation proceedings.

Court’s observations and order

The Bench recorded that “Samsul Ali was found unconscious in Bijni. It has been submitted that the father of the petitioner was produced before the authorities but his presence was not marked because the SP (border), Chirang, was not there. Since then, the father of the petitioner is undergoing some treatment.”

The Court noted that given Samsul Ali’s recovery, the absence of any further custodial action, and the production before the competent authority, the apprehension of deportation no longer survived. The order stated: “Considering that the father of the petitioner has been recovered and not taken into custody, the apprehension of his deportation would also not survive.”

Accordingly, the writ petition was closed. However, the Court granted liberty to the petitioner to approach the Court again if any future grievance or action arises from the State.

This story was originally published in cjp.org.in. Read the full story here.