What We Know So Far: June 20, 2025
The Gauhati High Court on June 20 allowed Torap Ali, a petitioner from Assam, to again visit his two detained uncles — Abu Bakkar and Akbar Ali — at the Kokrajhar Holding Centre, along with one family member and one advocate. The visitation was granted to enable the petitioner to take instructions and file a response to the State’s affidavit alleging that his uncles were not complying with their bail conditions prior to their sudden detention in May 2025.
The said petition is part of a broader series of cases where Bengali-speaking Muslim families in Assam have approached the Court after their relatives — previously released on COVID-era bail after being declared foreigners — were picked up without fresh legal process, often without any notice or documentation provided to the family.
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Background: Bail under COVID guidelines, followed by re-arrest
Both Abu Bakkar and Akbar Ali, residents of Bhukuradia village, Kamrup district, had been declared foreigners by FT No. 4, Kamrup in 2017. They were subsequently detained and later granted bail during the COVID-19 pandemic, after having completed over two years in custody — under guidelines laid down by the Supreme Court in Suo Motu WP(C) 1/2020 and adopted by the Gauhati High Court.
Their bail conditions required them to report weekly to the local police station — a compliance regime that many of the now detainees have followed for years without breach.
In the petition filed by their nephew Torap Ali, it was asserted that both men had been faithfully reporting to the police station every week, and that there had been no cancellation of bail or fresh order of detention prior to May 24 — the date they were suddenly picked up from their residence at night by Border Police without any arrest memo or warrant.
Details of the case may be read here.
What happened in previous hearings
- On May 28 and 29, the Court issued notice and asked the State to disclose where Abu Bakkar and Akbar Ali were being held.
- On June 4, the Court asked the Foreigners Tribunal (FT) counsel to obtain verification from the local police station about whether the detained men were complying with bail. Family was granted visitation rights.
- On June 16, when the Court asked whether the FT’s foreigner declaration had been challenged, the petitioner’s counsel admitted that it had not. While the Court declined to grant protection from deportation, it nonetheless directed the SP (Border) to verify whether the bail conditions were followed.
Details of the hearings may be read here.
June 20: Visitation allowed, deportation not addressed
At the latest hearing:
- The FT counsel submitted that an affidavit from SP (Border), Kambhogi will been filed that very day. The affidavit, the Court noted, is opposed to the petitioner’s claims of bail compliance.
- Counsel for Torap Ali requested visitation rights to meet the two detainees in order to take instructions and prepare a formal response affidavit. The request was granted.
- The Court ordered that Torap Ali, one family member, and one advocate may meet Abu Bakkar and Akbar Ali at the Kokrajhar Holding Centre.
- The case was listed next for July 14, 2025.
The petitioner’s counsel also raised concerns about the risk of the detainees being pushed across the border into Bangladesh, and asked the Court to ensure that any deportation not occur without legal process.
However, the Bench declined to enter such protection, stating:
“We cannot presume illegal pushing (out) by the State. There is a declaration of foreigner status that has not been challenged.”
That said, the Court granted liberty for urgent out-of-turn listing if any adverse or coercive action is taken before the next hearing.
The order may be read here:
Related:
Gauhati HC grants visitation rights after state confirms Doyjan Bibi is in Kokrajhar Holding Centre