The Gauhati High Court has delivered a significant ruling clarifying the legal status of foreign nationals detained for expulsion. The court stated that such individuals, once declared illegal immigrants, cannot claim their custody is illegal due to procedural grounds like non-service of arrest details under Article 22 of the Constitution.
The Case That Led to the Ruling
The judgment came while the court was hearing a plea filed by Abdul Rejjak. His wife, Doyjan Bibi, was declared a foreign national (illegal migrant) through an ex parte opinion by a Foreigners Tribunal in 2017. Following this declaration, she was initially taken into custody in 2019. She was released on bail in 2021 owing to COVID-19 related relaxations. However, she was taken back into custody in May 2025 and subsequently expelled to Bangladesh.
Rejjak had challenged the legality of her detention. A bench comprising Justices Kalyan Rai Surana and Shamima Jahan dismissed his plea, providing a detailed rationale for their decision.
Core Reasons Behind the Court's Decision
The High Court outlined several key reasons for rejecting the argument of illegal detention:
1. Article 22 Safeguards Are Not Applicable: The court held that the constitutional protections under Article 22, which guard against arbitrary arrest and detention, do not extend to individuals who have been formally declared foreign nationals and are awaiting expulsion. The bench reasoned that the proceedings of a Foreigners Tribunal do not carry "criminal consequences," thus detaining someone for the administrative process of deportation falls outside this constitutional shield.
2. Government's Duty to Protect Integrity: The judgment emphasized the government's paramount duty to preserve the unity and integrity of the nation. The court referred to Supreme Court precedents and noted the historical context of large-scale illegal migration into Assam from East Pakistan before 1971 and from Bangladesh thereafter, which it said has altered the state's demography.
3. Bail Compliance Does Not Bar Expulsion: The fact that Doyjan Bibi had not violated any conditions of her bail granted in 2021 was deemed irrelevant. The court clarified that compliance with bail terms is not a sufficient reason to prevent authorities from taking appropriate expulsion action against a declared foreign national.
Court Addresses "Misinformation Warfare"
In a notable part of the order, the bench addressed what it described as a narrative of "religious persecution" in Assam. The court termed this a "wrong perception" created by certain media reports and part of a "misinformation warfare" being waged against India in general and Assam in particular.
The judgment also took a broader, global view. Without commenting on the policies of other nations, the court observed that even developed countries like the United States are feeling the "pinch of illegal immigrants," and their responsive measures are publicly known.
In its final assessment, the Gauhati High Court, in its order dated January 6, found "no basis" to suspect any government officer of acting irresponsibly, illegally, or recklessly in the process of sending the petitioner's wife back to Bangladesh.
Background and Judicial History of the Case
The legal journey of this case saw several turns. After Doyjan Bibi was declared an illegal migrant in 2017, the petitioner challenged this before the Gauhati High Court. In 2021, the High Court set aside the ex parte opinion of the Foreigners Tribunal and granted her 15 days to appear before the tribunal and submit a written statement.
However, Bibi did not appear before the tribunal within the stipulated time. This failure resulted in the revival of the original ex parte opinion declaring her a foreigner. This led to her custody in May 2025 as a "declared foreign national awaiting expulsion" and her eventual deportation to Bangladesh.
