The Gauhati High Court on Monday ordered the immediate release of a man declared a “foreigner”, stating that his arrest while he was out on bail was illegal, Live Law reported.

The man was arrested on May 25, when the state police detained several residents on suspicion of being undocumented migrants from Bangladesh. Many of them were released more than 15 hours later, once their documents were verified.

A bench of Justices Kalyan Rai Surana and Malasri Nandi was hearing a petition by the man’s mother, who told the court that he was arrested despite having been granted bail on June 7, 2021, and complying with the conditions, according to Live Law.

“Arrest of a person who is already on bail amounts to overreach of the orders passed by this court,” the High Court said. “Such illegal detentions cannot be allowed for a minute.”

On June 6, the counsel representing the state government told the court that the man was held at the Kokrajhar detention centre.

Following this, the court issued a notice and directed the deputy commissioner of police in Kamrup, Guwahati, not to deport the petitioner’s son, Live Law reported. It also allowed two family members to meet the man.

The bench had also directed the officer in charge of Goalpara police station to verify the petitioner’s claim that her son had been regularly reporting to the police station.

During Monday’s hearing, the state counsel told the bench that it had not yet received instructions regarding this verification.

The court accepted the veracity of the petitioner’s claim and instructed the authorities to report compliance with the order by Friday.