Second Covid Wave-Gauhati High Court Directs Authorities To Release Foreigner Detenues Who Have Completed Two Years Of Detention

The Gauhati High Court on Monday modified its last year order in the suo moto writ petition concerning covid situation in the State and directed the authorities to release the foreigner detenues who have completed their two years of detention on their personal bond of Rs. 5,000 and one surety instead of two sureties owing to the exceptional circumstances of second covid wave.

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

"In fact, we must reiterate that in view of the order of the Division Bench of this Court dated 15.04.2020 passed in WP(C) (Suo Moto) No.1/2020, no separate order needs to be passed in each case and the concerned authority are hereby directed, wherever such detenues are detained, to release them forthwith as and when they complete their two years of detention with the following modification that under these exceptional circumstances of the second wave of Covid-19 pandemic, they may be released on their personal bond of Rs.5,000/- (Rupees Five Thousand) and one surety instead of two sureties."

The Court directed that the aforesaid order shall be communicated to all the Superintendent of Police (Border) of all the districts, including the Superintendent and authorities of all the Jails and such detentions where foreigners are being detained within forty-eight hours from the date of order.

In view of this, the Court also clarified that the directions passed in the suo moto writ petition last year shall be complied with at the time of release of a detenue.

The direction came in a petition filed by one Samsul Hoque challenging the order passed by Foreigners' Tribunal, Jorhat dated 13th May 2019 wherein he was declared as a foreigner and had been in detention since then.

Observing that the petitioner will shortly be completing two years of his detention, the Court observed thus:

"In consideration of the law laid down by the Hon'ble Supreme Court dated 13.04.2020 in Suo Motu Writ Petition (Civil) No.1/2020 (In Re: Contagion of Covid 19 virus in prisons), which had been followed by a Division Bench of this Court later in WP(C) (Suo Moto) No.1/2020 (Gauhati High Court -Vs- Union of India & Ors.) dated 15.04.2020, a detenue is liable to be released after completing two years in detention or his furnishing personal bond of Rs.5,000/- (Rupees Five Thousand) and like amount of two sureties."

The High Court had last year issued certain general directions to be observed by all the Foreigners Detention Centers in Assam, while determining and releasing eligible detainees as per the direction of the Supreme Court.

The Court directed the concerned Superintendent of Police (Border) to first take stock of the names and period of detention of such detenues under his/her jurisdiction claiming benefit of release on bail for having completed more than 2 years in detention and thereafter take necessary steps for their release on bail, subject to:

- Execution of bond with two sureties of Rs.5,000/- (Five Thousand) each of Indian citizens.

- Declaration of verifiable address of stay after release.

- Capturing and storing of the biometrics of the iris of both eyes and all 10 (ten) fingerprints and photos in a secured database before release from the concerned Detention Centre.

- Declaration/Undertaking that the detenue shall report once every week to the Police Station/Out Post (to be specifically named with necessary particulars), located within the vicinity of his/her verifiable address of stay after release.

- Declaration/Undertaking that the detenue shall notify any change of his/her address to the said named Police Station/Out Post on the same day.

- Declaration/Undertaking that in case of violation of any of the conditions, the detenue will be liable to be apprehended and produced before the Foreigners' Tribunal concerned.

- The High Court has also ordered the jurisdictional Superintendent of Police (Border) to submit a quarterly report to the concerned Foreigners' Tribunal regarding appearance of the detenue before the concerned Police Station/Out Post, as mentioned above.

Click Here To Read Order