The New Indian Express ·
Gauhati HC orders Rs 2 lakh compensation for family of woman pushed into Bangladesh
GUWAHATI: The Gauhati High Court has directed the Assam government to pay interim compensation of Rs 2 lakh to the husband of a Muslim woman who was expelled to Bangladesh without being given an opportunity to challenge the order of a Foreigners’ Tribunal (FT) declaring her a “foreigner.”
The September 3 order is the first such instance involving a person declared a foreigner.
The order was passed by a division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund. It followed the hearing of a habeas corpus petition filed by Mujammel Hoque, the husband of the expelled woman, Mumtaz Begum.
The court expressed concern over the manner in which the Foreigners’ Tribunal in Nagaon had 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.”
FTs are quasi-judicial bodies that deal with cases involving suspected illegal immigrants and determine whether a person is a “foreigner” or an Indian citizen.
Begum was declared a foreigner on May 30 when she appeared before the Nagaon FT following an earlier direction of the High Court to reconsider her case. The High Court had observed that the tribunal had failed to consider all the evidence submitted by her.
“…as the detenue 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 Rs 2 lakh to the petitioner,” the court said in its order.
It further ordered that the compensation would be in addition to, and not in derogation of, the petitioner’s right to seek compensation before a civil court.
The court directed that the Senior Superintendent of Police (Border) and/or Superintendent of Police (Border) in every district of the state must ensure that, before taking a declared foreign national into custody, the person is informed about the opinion passed against them by the FTs.
According to the court, the interim compensation will be subject to any further or other order after the matter is heard again.
The case will be heard next on September 24.