Archive · 9 Jan 2026
Gauhati High Court Rules on Foreign Nationals' Detention
The Gauhati High Court recently made a decision about a woman named Doyjan Bibi, who was declared an illegal immigrant from Bangladesh.
Her husband, Abdul Rejjak, tried to stop her from being sent back to Bangladesh, but the court said no.
The court explained that people who are declared foreign nationals and are waiting to be sent back to their home country cannot say their detention is illegal.
The court also said that the government has a duty to protect the country's unity and that the large number of illegal immigrants is changing the demographics of the state.
The court mentioned that the idea of religious persecution in the state is a misunderstanding spread by some media reports.
The court found no wrongdoing by the government officers who sent Bibi back to Bangladesh.
Gauhati High Court ruled that foreign nationals awaiting expulsion cannot claim illegal detention under Article 22 of the Constitution.
Doyjan Bibi was declared a foreign national in 2017 and was expelled to Bangladesh in May 2025.
The court stated that foreigners tribunal declarations do not have criminal consequences and do not prevent expulsion.
The government has a duty to preserve the unity and integrity of the country, as per Supreme Court rulings.
The court dismissed the notion of religious persecution in the state, calling it misinformation.
- Who
- Abdul Rejjak (petitioner) and Doyjan Bibi (declared foreign national)
- What
- Gauhati High Court ruled that foreign nationals awaiting expulsion cannot claim illegal detention
- When
- January 6, 2025 (decision), May 2025 (expulsion), 2019 (initial custody), 2021 (bail release)
- Where
- Gauhati High Court, Assam, India
- Why
- To preserve the unity and integrity of the country and address the issue of illegal immigration
- Petitioner
- Abdul Rejjak
- Declared Foreign National
- Doyjan Bibi
- Initial Custody
- 2019
- Bail Release
- 2021 (due to COVID-19)
- Re-custody and Expulsion
- May 2025
- Court's Decision Date
- January 6, 2025
- Key Legal Point
- Article 22 protections do not apply to declared foreign nationals awaiting expulsion