Gauhati HC orders Assam govt to pay Rs2 lakh to husband of woman pushed into Bangladesh
Court says Foreigners’ Tribunal showed apparent “malice in law” and orders safeguards before declared foreigners are taken into custody
The Gauhati High Court has directed the Assam government to pay Rs2 lakh as interim compensation to the husband of Mumtaz Begum, a Bengali-speaking Muslim woman who was pushed into Bangladesh after a foreigners tribunal declared her a foreign national.
The order, passed on 3 September by a division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund, came in a habeas corpus petition filed by Mujammel Hoque, husband of Mumtaz.
The ruling is reportedly the first such instance involving a person declared a foreigner.
Keep updated, follow The Business Standard's Google news channel
The court expressed concern over the manner in which the Foreigners' Tribunal in Nagaon handled Begum's case, observing that "the element of malice in law on part of the learned tribunal is apparent on the face of record."
Foreigners tribunals are quasi-judicial bodies that determine whether individuals suspected of being illegal immigrants are foreigners.
Mumtaz was declared a foreigner on 30 May after appearing before the Nagaon Tribunal following an earlier direction from the high court to reconsider her case. The court had previously observed that the tribunal failed to consider all the evidence submitted by her.
In its latest order, the court noted that Mumtaz had been expelled from India without her husband or any adult family member being informed about her detention.
"As the detenu has been expelled out of India without providing any information to the petitioner or any adult family member of 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 Rs2 lakh to the petitioner," the court said.
The court also clarified that the interim compensation would be in addition to the petitioner's right to seek further compensation before a civil court.
It directed the Senior Superintendent of Police (Border) and/or Superintendent of Police (Border) in every district of Assam to ensure that before a declared foreign national is taken into custody, the person is informed about the opinion passed against them by the Foreigners' Tribunal.
The case will be heard again on 24 September.
