COVID-19 : SC Orders Release Of Persons Lodged For Over 2 Years In Assam Foreigners' Detention Centres [Read Order]

In the light of COVID-19 pandemic, the Supreme Court on Monday observed that detainees at detention centers of Assam who have been incarcerated for more than 2 years may be released on personal bond with two sureties.

A bench comprising Chief Justice SA Bobde, LN Rao & M.M Shantanagoudar  said;

"We will pass orders in this regard. We will pass orders today" 

Senior Advocate Colin Gonsalves appearing for the National Forum of Prisons submitted that the detainees at Assam and detention centres must be released. The bench, however inquired into the feasibility of this and whether it was even viable to do so, considering that the people in these detention centre were foriegners, there was a high chance of them absconding.

Senior Advocate Colin Gonsalves however, pointed out that these detainees were not in fact foriegners per se, but people who had been residing within India for over five decades, having generations, agricultural land etc.

The order was passed in an application filed by Assam-based NGO 'Justice and Liberty Initiative'.

There are six detention centres in Assam, in which 802 persons are under detention, as told by Union Minister Nityanand Rai in Lok Sabha last month.

On May 10, 2019, the SC had directed the release of of all detainees from detention centres who have spent more than 3 years in detention, subject to execution of bonds.

To avoid overcrowding in prisons in the wake of COVID pandemic, the Supreme Court on March 23, 2020 had directed all states and Union Territories to set up high level committees to determine class of prisoners who could be released on parole for four to six weeks.

Click here to download order