The court decided to not set aside the findings of the Foreigners Tribunal declaring a person to be a foreigner. It was held that Superintendent of Police (B) shall be responsible to ensure presence of the foreign nationals under reference to the Tribunal to prevent unavailability of such persons for detention upon being declared foreigners. The Superintendent of Police (B) shall either detain him / her in detention camp or allow him / her to remain on bail subject to the condition that he/she would be available for detention and deportation.
Md. Rustom Ali, S/o. Mohammad Ali @ Mohammed @ Md. Mohammed Ali vs State of Assam