The Gauhati High Court on Friday granted interim bail to Mohammed Sanaullah, the Kargil war veteran who was declared a foreigner by a tribunal in Assam last month and sent to a detention camp.
A division bench of the high court headed by Justice Monojit Bhuyan and PK Deka passed the orders against bail bonds of Rs 20,000 and two sureties, but asked the retired soldier not to leave the territorial jurisdiction of Kamrup and Kamrup (Metro) districts without informing the Superintendent of Police (Border).
The bench also issued notices to all the respondents of the case, including Union of India, state of Assam, Defence Ministry, authorities of the National Register of Citizens (NRC) and the investigating officer of the Assam police.
The case of Md Sanaullah was represented by Supreme Court lawyer Indira Jaising while the respondent side was represented by Advocate UK Nair.
“We have got the bail orders. He will be released from the detention camp soon,” said Advocate Burhanur Rahma, who assisted Indira Jaising in the case in the high court on Friday.
The court, however, made it clear that the authorities concerned will connect the biometrics of Sanaullah before releasing him from the detention centre.
Sanaullah served the Indian Army from 1987 to 2017. He was awarded a Presidents’ Medal when he was promoted to the rank of Junior Commissioned Officer (JCO) in 2014. He retired as an Honorary Captain from the Indian Army.
After retirement, he had joined Assam police as a Sub Inspector and was attached to the Border Wing of the Assam police.
The Foreigners’ Tribunal at Boko in Assam’s Kamrup district on May 23 declared him a foreigner following which he was detained by the police on May 28 and sent to a detention camp. The tribunal’s judgement was based on a case filed against him by the Border Police saying he is an illegal migrant.