Former army officer Mohammed Sanaullah, who was detained after being declared a non-citizen, was granted bail by the Guwahati high court on Friday.
The court also issued notices to the Centre and authorities of the National Register of Citizens.
He was detained by police in May for failing to conform with the rules of NCR, a register of Indian citizens prepared in 1951 which is being updated currently to weed out illegal immigrants from Assam.
"We had filed a writ petition and interlocutory application on behalf of petitioner Sanaullah in Guwahati High Court division bench. On writ petition, HC has issued a notice to all respondents including Union of India, state of Assam, NRC authority and the then inquiry officer. In the interlocutory application, the bail order proceeding took place," Sanaullah's counsel, advocate Yed Burhanpur Rahman said.
The lawyer said that the next hearing will take place in about two months.
Another lawyer, Aman Wadud, representing Md Sanaullah, said, "HC passed order of interim bail. He will be released from detention centre on a conditional bail bond of Rs 2 lakh, two local sureties and his bio-metrics will be taken before release."
He also expressed confidence of winning the case and said, "We are confident we will win...The biggest point is that the Investigating Officer himself said that he never investigated or inquired him. We have made him a party. The case doesn't stand because he was never investigated. Border Police had filed a false case against him."
The former army man's family members who attended the hearing breathed a sigh of relief after the court's order and also alleged lapses on the part of the Investigating Officer.
"I was also present in the court today. The government advocate and our counsel put forward their valid points. Investigation Officer had made a mistake and shown him as labor at a time when he was actually on-service in armed forces," Ajmal Haque, Sanaullah's family member.
"He is my uncle. We expected him to be home for Eid, however, it did not happen. He served in the Indian Army for 30 years and for a small mistake of an officer, my uncle is in the detention camp," Sanaullah's nephew Moksed Ali said.
Mohammad Sanaullah, 52, who retired as an honorary Lieutenant in the Army was arrested soon after he was summoned by the Assam Police Border Organisation, or the Border Police, in Guwahati on May 28.
Before joining Border Police, Sanaullah served in the Army for 30 years and was designated as a Captain. He was also conferred a medal by President of India for his service.
