Court Rules Arrest Illegal and Orders Immediate Release

The Gauhati High Court has ordered the release of a man declared a “foreigner.” The court found that his arrest, while he was out on bail, was illegal.

Background of the Case

The man was arrested on May 25. The state police had detained several residents. They suspected these residents of being undocumented migrants. Most of them were released after 15 hours. Their documents were checked and verified.

Details of the Court Hearing

Justices Kalyan Rai Surana and Malasri Nandi heard the case. The man’s mother filed a petition. She told the court that her son was arrested despite being on bail since June 7, 2021. He had followed all bail conditions.

The High Court stated, “Arresting someone who is already on bail goes against our orders. Such illegal detentions cannot be allowed even for a minute.”

Court’s Previous Actions

On June 6, the state government’s lawyer told the court that the man was held at the Kokrajhar detention center. The court then issued a notice. It told the deputy commissioner of police in Kamrup, Guwahati, not to deport the man. The court also allowed two family members to meet him.

The bench asked the officer in charge of Goalpara police station to check the petitioner’s claim. The claim was that her son had been regularly reporting to the police station.

Recent Court Proceedings

During the recent hearing, the state lawyer told the bench that they had not yet received instructions about this check. The court accepted the petitioner’s claim as true. It told the authorities to report back by Friday.

Key Points of the Case

• The Gauhati High Court ordered the release of a man declared a “foreigner.”
• The man was arrested on May 25, suspected of being an undocumented migrant.
• The court ruled his arrest illegal as he was out on bail.
• The man’s mother filed a petition stating he followed all bail conditions.
• The court asked authorities to check his compliance and report back.