COVID: Gauhati HC Seeks Details Of Female Foreigners Staying In Jails With Children Below 6 Years, Eligible Persons To Be Released From Jails

The Gauhati High Court on Tuesday directed the State Government to give details of the mothers, declared as foreigners, who are presently in jails with their children below 6 years and the period for which they have been put in jails within 48 hours.

The Court also asked the State Government to give details of all such persons who are eligible to be released from jails in view of the COVID-19 pandemic as per the guidelines laid down by High Court as well as the Supreme Court.

A division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak ordered thus:

"Learned State counsel has given certain details of persons who are in jail and having children. These children are all aged less than six years and as their mothers have been declared as foreigners, they are presently in jail with their mothers since as per the Jail Manual, children who are less than six years of age can stay with their mothers in jail. Learned State counsel shall give the details of all such persons who have been declared as foreigner and the period for which they have been put in jail to Mr. J. Payeng within 48 hours."

The Court directed the counsel appearing for the State Government to give details to the the standing counsel representing the Foreigners Tribunal.

While positing the matter for further hearing on 17 May, the Court ordered thus:

"Learned State counsel shall also give the details of all such persons who are eligible to be released from jail in the present COVID-19 pandemic situation in view of the criteria laid down by this Court earlier as well as by the Hon'ble Apex Court in its earlier judgment."

During the previous course of hearing, reviving the suo moto writ petition instituted last year, the High Court had sought details from Jail Authorities with regards to the children lodged inside jails in Assam in view of rising covid 19 cases in the State.

The Court had sought State Government's response on the number of inmates inside Assam Jails who have been infected from Covid 19 and also about the measures undertaken by the jail authorities for dealing with the issue.

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