In A First, Gauhati HC Orders Assam Govt Rs 2 Lakh Compensation For Woman Deported To
In A First, Gauhati HC Orders Assam Govt Rs 2 Lakh Compensation For Woman Deported To Bangladesh
M.U.H
08/09/202615
GUWAHATI: The Gauhati High Court has ordered the Assam government to provide interim compensation of Rs 2 lakh to the husband of a Muslim woman who was deported to Bangladesh without being allowed to challenge the ruling of a Foreigners’ Tribunal (FT) that declared her a "foreigner."
The order, issued by a division bench of Justices Kalyan R Surana and Susmita Phukan Khaund on September 3, marks the first instance of its kind involving an individual designated as a foreigner.
It followed the examination of a habeas corpus petition submitted by Mujammel Hoque, the husband of the expelled woman, Mumtaz Begum.
The court expressed its dismay regarding the handling of Begum’s case by the Foreigners’ Tribunal in Nagaon, noting that "the element of malice in law on the part of the learned tribunal is apparent on the face of record."
Foreigners’ Tribunals are quasi-judicial entities that address cases involving suspected illegal immigrants and ascertain whether an individual is a "foreigner" or an Indian citizen.
Begum was declared a foreigner on May 30 after she appeared before the Nagaon FT, following a prior directive from the High Court to reassess her case. The High Court had remarked that the tribunal had neglected to consider all the evidence she had presented.
"…as the detenue has been expelled out of India without providing any information to the petitioner or any adult family member regarding the detention of the detenue, as an interim palliative measure, the court is inclined to direct the Government of Assam to pay an interim compensation of Rs 2 lakh to the petitioner," the court stated in its order.
Additionally, the court specified that this compensation would be supplementary to, and not in contradiction of, the petitioner’s right to pursue compensation through a civil court.
The court has mandated that the Senior Superintendent of Police (Border) and/or the Superintendent of Police (Border) in each district of the state must guarantee that, prior to detaining a declared foreign national, the individual is made aware of the opinion issued against them by the FTs.
As per the court's ruling, the interim compensation will be contingent upon any subsequent or additional orders following a further hearing of the matter. The next hearing of the case is scheduled for September 24.
