Detention Even Before Order Of Tribunal Declaring Her As Foreigner: Gauhati HC Orders Release Of Woman [Read Order]

A Bench comprising of Justices Suman Shyam and Parthivjyoti Saikia of the Guwahati High Court on 17.12.2019 directing the Superintendent of Police (Border), Sivasagar to release a woman from the Detention Centre at Jorhat on the account that she was taken into custody even before being declared as a foreigner.

Order dated 08.03.2019 had been passed by the Foreigners' Tribunal whereby the Petitioner Mamtaz Begum had been declared as a foreigner. Evidence adduced by the Petitioner - copy of NRC of 1951, Voters' List of 1956 and 1957, a certified copy of jamabandi to show that names of grandfather and father were there in the Voters' List and there was linkage of the Petitioner with her father - these had been rejected by the Tribunal.

Counsel for the Petitioner Mr. A.K. Talukdar stated that his client had been arrested on 19.01.2019 even before the opinion of the Ld. Tribunal had rendered the decision.

The Bench acknowledged that despite the impugned order being passed on 08.03.2019, the Petitioner had been arrested on 19.01.2019. On the basic of the same, the Bench directed interim relief to the Petitioner and issued notice to the Superintendent of Police (Border), Sivasagar to release the Petitioner from the Detention Centre on furnishing a bond and one surety of like nature to the satisfaction of the SP. The Petitioner was also directed to reported to the SP after every 15 days.

The Bench also stated that violation of the conditions would lead to the automatic cancellation of the release order and further directed the SP to capture the fingerprints and the biometrics of iris of the Petitioner's eyeballs, if so advised.