3 min readNew DelhiJan 9, 2026 12:27 PM IST
First published on: Jan 9, 2026 at 12:09 PM IST
Gauhati High Court News: The Gauhati High Court recently held that a foreign national (illegal immigrant) who is taken into custody while awaiting expulsion cannot claim that the custody is illegal on the grounds of non-service of arrest grounds. The court was hearing a plea filed by a man whose wife was expelled to Bangladesh.
A bench of Justices Kalyan Rai Surana and Shamima Jahan dismissed the plea of Abdul Rejjak, whose wife, Doyjan Bibi, was declared a foreign national (illegal migrant) through an ex parte opinion in 2017.
She was initially taken into custody in 2019. However, she was released on bail in 2021 due to COVID-19 relaxations and was again taken into custody in May 2025 before being expelled to Bangladesh.
The high court rejected the plea, listing the following reasons:
Article 22
Constitutional protection against arrest and detention in certain cases
Court's Position
Article 22 safeguards don't extend to declared foreign nationals awaiting expulsion
Key Reasoning
Foreigners Tribunal declarations have no "criminal consequences"
Government Duty
Preserve unity and integrity of the country per Supreme Court rulings
Bail Irrelevance
Not violating bail conditions doesn't prevent expulsion action
Express InfoGenIE
- A foreign national awaiting expulsion is a “declared foreign national.” Such a person cannot claim that the custody is illegal on the grounds of non-service of arrest grounds under Article 22 of the Constitution, as foreigners tribunal declarations do not have “criminal consequences”.
- It is not a sufficient reason to prevent the central and state governments from taking appropriate action against the “declared foreign national” or from taking steps for her expulsion merely because Bibi did not violate any bail condition.
- The high court referred to studies and media reports, highlighting that the large-scale influx of illegal migrants from East Pakistan before March 1971 and Bangladesh thereafter has been altering the demography of the state.
- Considering the Supreme Court’s rulings in similar matters, the government has a duty to preserve the unity and integrity of the country.
- It is a wrong perception, created by a section of media reports, that “religious persecution” is occurring in the state. The court described this as “misinformation warfare” carried out against the country in general and Assam in particular.
Without commenting on other countries’ positions concerning illegal immigrants, the court noted that developed nations like the United States of America have also started to feel the “pinch of illegal immigrants,” and the steps taken by them are in the public domain.
The high court, in its January 6 order, held that there was no basis to suspect any government officer of taking any “irresponsible, illegal or reckless act” in sending the petitioner’s wife back to Bangladesh.
Background of the case
The petitioner’s wife was declared an illegal migrant in 2017, which he later challenged before the Gauhati High Court.
In 2021, the high court set aside the ex parte opinion of the Foreigners Tribunal, which had declared her an “illegal migrant”, and granted her 15 days to appear before the tribunal and file a written statement. However, Bibi did not appear, resulting in the revival of the ex parte opinion.
She was taken into custody as a declared “foreign national” awaiting expulsion in May 2025 and was later sent back to Bangladesh.
Gauhati High Court News: The Gauhati High Court found "no basis" to suspect any government officer of “irresponsible, illegal or reckless act” in sending the petitioner’s wife back to Bangladesh. (Image is enhanced using AI) 
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