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Gauhati HC Orders Verification of compliance with Bail Conditions in petition filed by Reijya Khatun for detained husband

High Court notes husband of petitioner was released in 2021 under Supreme Court guidelines, directs State to confirm weekly reporting before recent re-detention

What We Know So Far: June 20, 2025

In the continued writ petition proceeding filed by Reijya Khatun, the Gauhati High Court on June 20 directed the Foreigners Tribunal (FT) counsel to verify whether Majibur Rehman, her husband, had been complying with weekly police station reporting conditions at the time of his recent re-detention.

Appearing before the bench comprising Justices Kalyan Rai Surana and Malasri Nandi, the petitioner’s counsel confirmed that, following earlier court orders, the family had been allowed to visit Majibur Rehman at the Kokrajhar Holding Centre and obtain his signature on a vakalatnama. The petitioner is now pressing for restoration of bail, citing full compliance with conditions since his release in November 2021. CJP has been providing legal aid to the petitioner in the present case.

Details of the previous hearing may be read here and here.

Court records bail history and prior compliance

The High Court recorded that Majibur Rehman was declared a foreigner by the Foreigners Tribunal (Chirang) and subsequently detained. However, upon completing two years in detention, he was released on November 15, 2021 under Supreme Court–mandated guidelines for long-term detainees, specifically those under Suo Motu WP(C) No. 1/2020.

The counsel for the petitioner, Advocate Mrinmoy Dutta, referring to Paragraph 13 of the writ petition, submitted that Majibur Rehman had been regularly reporting to the police station as per the bail conditions, with the last reported attendance recorded on May 21, 2025 — just days before he was allegedly picked up again without prior notice or legal process.

Judicial Direction: FT counsel to verify reporting claims

In response, the Division Bench directed the FT counsel to verify the claims of weekly police station attendance since the date of release in November 2021. The verification report is expected to be crucial in determining whether the State had any legal basis to detain Majibur Rehman again without first moving for bail cancellation or presenting breach of conditions.

The matter is now listed for further hearing on June 25, 2025, by which time:

  • The FT counsel is expected to submit verification of police reporting records;
  • The Court may take up the petitioner’s prayer for restoration of bail or other relief;
  • The legality of re-detention without judicial revocation of bail could come under deeper scrutiny.

Context and similarity to parallel petitions

This case mirrors several other petitions heard recently by the High Court, where persons released under COVID-era bail — having spent more than two years in detention and fulfilling reporting conditions — were picked up again in May 2025 without apparent process or notice to family.

In all such cases that are currently being heard in the Gauhati High Court, including petition filed Sanidul Sheikh for his father Abdul Sheikh and Torap Ali for his uncles Abu Bakkar and Akbar Ali, the Bench has now begun focusing on the verification of bail compliance as a threshold issue in evaluating the legality of renewed detention.

Related:

Gauhati HC: Union government admits Samsul Ali was handed over to BSF, Court grants family visitation rights if not yet deported

The Immigrant Expulsion from Assam Act, 1950: Re-evaluating executive powers in light of judicial pronouncements and due process

Gauhati HC orders verification of police attendance records in re-arrest of two bail-compliant detainees in Torap Ali case

Gauhati HC grants visitation rights after state confirms Doyjan Bibi is in Kokrajhar Holding Centre

“Illegal detention not even for a minute”: Gauhati HC orders immediate release of bail-compliant detainee in Assam

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