In the hearings of the petition filed by Bakkar Ali regarding the recent allegedly secret detention of his father Samsul Ali, the counsel for Union of India today –June 10– told Gauhati High Court the father was formally handed over by Assam Police to the Border Security Force (BSF) Sector Headquarters at Panbari on May 26, 2025. The disclosure came nearly two weeks after Samsul Ali was allegedly picked up from his residence in Chirang district during a late-night operation on May 25, without any arrest memo, warrant, or court production — prompting his family to move the High Court under Article 226 of the Constitution. The last hearing in the matter was yesterday, June 9, and a report on the last hearing may be read here.
In the most recent order passed today by the bench of Justices Kalyan Rai Surana and N. Unni Krishnan Nair, the Court directed that, if Samsul Ali has not yet been deported, the head of the BSF Sector Headquarters shall permit the petitioner and one family member to visit him, and facilitate the execution of a vakalatnama to allow continued legal representation. In the event that deportation has already taken place, the authorities have been instructed to disclose the exact location from which the deportation occurred.
The case — in which legal aid is being provided by Citizens for Justice and Peace (CJP) — is part of a growing number of petitions being filed in the Gauhati High Court, where families allege that Bengali-speaking Muslims previously released on bail after FT declarations are being secretly re-detained and, in some cases, deported without judicial oversight. These cases share a recurring pattern: midnight pickups, non-disclosure of custody, denial of access to legal remedies, and procedural opacity in handovers to BSF or other agencies.
Today’s order builds on yesterday’s hearing in the matter, which took place on June 9, in which the High Court had criticised the State’s failure to provide any documentation about the transfer to BSF. While it has declined, for now, to direct the Union of India to file a formal affidavit, the Court has kept the petition alive — leaving open the door for further relief if deportation is confirmed or if any adverse development occurs. The matter is next listed for June 20, 2025. (Details of the earlier proceeding may be read here.)
Meanwhile, through independent social media sources, CJP has found Samsul Ali in a distraught condition may be in No Man’s land between the two countries. See the memorandums submitted to the National Human Rights Commission (NHRC) on the question here and here.
From Secrecy to Disclosure: The three-stage legal timeline of the case
This case has seen incremental disclosures over successive hearings:
- May 25, 2025: Samsul Ali, a declared foreigner who had been released on conditional bail since 2020, was picked up from his residence in Goraimari No. 2, Chirang, around 11:30 PM, without a warrant, memo of arrest, or cancellation of bail.
- June 9, 2025: The State counsel submitted for the first time that Samsul Ali had been “handed over to the BSF,” but failed to provide any documentation, location, or handover memorandum. The Court criticised this procedural opacity and ordered the SP (Border), Chirang to cooperate with the FT counsel and supply all relevant information via WhatsApp. (Details of the said proceeding may be read here.)
- June 10, 2025: The State confirmed in court that Samsul Ali was handed over to the BSF Sector HQ at Panbari on May 26. On this basis, the Court passed a direction that, if Samsul Ali has not yet been deported, the head of the Sector Headquarters shall permit the petitioner and one family member to visit him and obtain his signature on a vakalatnama. If he has been deported, the authorities must inform the petitioner of the exact location from which the deportation took place.
Petition remains pending, keeps door open for further relief
During today’s hearing, Advocate Mrinmoy Dutta, appearing for the petitioner, requested that the Union of India be directed to file an affidavit detailing whether Samsul Ali has been deported and, if so, on what legal and factual basis. The Court, however, declined to issue such a direction at this stage, noting that a large number of similar cases are now being filed, and that such a step would not be feasible in every matter.
That said, the petition has not been dismissed. The Court clarified that if the petitioner faces any adverse consequence — such as confirmed deportation — the said may be informed to the Court immediately. It also indicated that a report would be called for if deportation has indeed taken place, keeping the petition procedurally alive and legally relevant.
The matter is now listed for further hearing on June 20, 2025.
Background: Bail compliance, FT order, and the alleged procedural bypass
Samsul Ali was declared a foreigner by the Foreigners Tribunal, Chirang in 2016. He spent more than three years in detention before being released in February 2020 under the bail regime outlined by the Supreme Court in SCLSC v. Union of India (2019). Since his release, he had been reporting weekly to the Police Station, with his last appearance logged on May 21, 2025 — just four days before his pickup.
His family maintains that he was detained without documentation, never produced before a magistrate, and that police allegedly refused to accept an FIR, forcing them to send complaints by registered post. When no official information was forthcoming, the family had filed the said habeas corpus petition — which has since led to successive disclosures culminating in today’s order.
The FT order under which he was declared a foreigner is not based on any proof of border crossing or foreign documentation, and does not establish nationality in any other country. The family alleges that Samsul Ali has been rendered stateless, and that deportation without formal diplomatic clearance and nationality verification would be illegal.
Visitation to BSF: A notable legal step
While courts have regularly granted visitation rights to families of detainees held in civil detention centres, today’s order granting visitation rights to a person in BSF custody at a Sector Headquarters is notable. It affirms that even in border security operations, access to family and legal counsel cannot be arbitrarily denied, especially when the legal status of the person’s custody or deportation is under judicial review.
It also sets a precedent for ensuring access and due process even in cases where the handover to BSF is claimed, but documentation is missing or incomplete — a frequent concern raised in recent petitions alleging pushbacks across the Indo-Bangladesh border.
The petition will be taken up again on June 20, by which time it may become clear whether:
- Samsul Ali remains within the jurisdiction of Indian authorities;
- He has been deported, and if so, under what procedures;
- His family has been permitted to meet him and secure his legal signature.
The case remains a significant test of procedural safeguards, executive accountability, and the right to challenge arbitrary detention and removal, particularly in Assam’s fraught citizenship regime.
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