FARID ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard, Mr. A.M. Ahmed, learned Counsel for the petitioner. Also heard, Mr. S.S. Roy, learned CGC appearing for respondent no.8, Ms. A. Verma, learned Standing Counsel for the FT and Border matters appearing for respondent no. 1,2,3, 5, 6 and 7 and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no.4. are present.

(2.) By filing this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ of mandamus directing the respondents to produce Md. Mahib Ali, the projected father of the petitioner, namely, Farid Ali. By an ex parte opinion dtd. 22/6/2012, passed by the learned Member, Foreigner's Tribunal, Golaghat, in Case No. FTG. 519/07, corresponding to IM(D)T Police Case No.67/04, Md. Mahib Ali was declared to be foreigner of post 25/3/1971 stream.

(3.) The case projected by the petitioner is that his father Mahib Ali was illegally taken into custody and detained since 24/5/2025 by the police personnel from Golaghat from his residence without communicating to the petitioner the grounds of arrest and without service of any notice and since then the hereabouts of the father of the petitioner is not known. It is projected that the family members of the petitioner approached the concerned respondent authorities' nos. 5 and 7, filed in the Superintendent of Police, Golaghat and the Officer in Charge of Golaghat, Police Station to know about the whereabouts of the detained person but no reply was given. Accordingly, appending that something wrong has happened to the detained person and is not safe the present writ petition to the nature of grievous corpus has been filed of production of said detained person.