Gauhati HC Orders Rs 2 Lakh Interim Compensation in Landmark Deportation Case
Gauhati HC Orders Rs 2 Lakh Interim Compensation in Landmark Deportation Case
In a significant development, the Gauhati High Court has directed the Assam government to provide interim compensation of Rs 2 lakh to the husband of a Muslim woman deported to Bangladesh. The woman, Mumtaz Begum, was sent across the border after a Foreigners’ Tribunal declared her a “foreigner,” without giving her a proper chance to challenge the order.
A division bench of Justices Kalyan R Surana and Susmita Phukan Khaund passed the order on September 3 while hearing a habeas corpus petition filed by Mujammel Hoque, husband of the deported woman. The court observed that this appears to be the first such instance involving an individual declared a foreigner by a tribunal.
The Gauhati HC expressed strong disapproval of the way the Foreigners’ Tribunal in Nagaon handled Begum’s case. The judges noted 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 bodies that decide whether a person is an Indian citizen or a foreigner.
Begum was declared a foreigner on May 30 after she appeared before the Nagaon tribunal following an earlier High Court direction to reassess her case. She was then arrested, shifted to a detention centre, and late on June 14 handed over to the Border Security Force. She was pushed back into Bangladesh through an international border point in Sribhumi district.
The Gauhati HC pointed out that the tribunal failed to consider all the evidence she had submitted. The court further observed that Begum was expelled from India without any information being given to her husband or any adult family member about her detention.
As an interim palliative measure, the bench ordered the Assam government to pay Rs 2 lakh compensation to the petitioner. The court clarified that this amount is in addition to, and does not affect, Hoque’s right to seek further compensation through a civil court. The interim compensation remains subject to any further orders that may be passed after the next hearing, scheduled for September 24.
In a broader directive, the Gauhati HC instructed the Senior Superintendent of Police (Border) and Superintendents of Police (Border) across Assam districts to ensure that every person declared a foreigner is informed of the tribunal’s opinion before any detention is carried out.
The order highlights serious procedural concerns in the functioning of Foreigners’ Tribunals and the subsequent deportation process. Legal observers say the Gauhati HC’s intervention could set an important precedent for similar cases involving alleged foreigners in Assam.
