Man moves SC over mother's detention by Assam police; Court agrees to hear plea

The Supreme Court, on May 30 announced its decision to hear the plea of a 26-year-old man claiming illegal detention of his mother by Assam Police amid widespread allegations of covert deportations to Bangladesh.

A bench comprising Chief Justice B R Gavai and Justices Augustine George Masih and AS Chandurkar took note of the submissions of senior advocate Shoeb Alam, representing petitioner Iunuch (Yunus) Ali, that his mother has been detained by the state police.

The CJI said the plea would be listed for hearing on Monday, June 2.

Ali sought immediate release of his mother Monowara Bewa, who was reportedly detained on May 24 after being called to the Dhubri police station under the pretext of recording a statement.

Alam raised serious concerns regarding what he described as an ongoing practice in Assam under which individuals are detained and deported to Bangladesh overnight, even while their legal cases are pending.

"There is a Special Leave Petition (SLP) filed by the lady in 2017. Notices have been issued, and yet people are being deported while proceedings are still ongoing before this court," he said.

"There are several videos circulating that show individuals being picked up overnight and pushed back across the border," he added.

Bewa had been on bail since December 12, 2019, pursuant to the Supreme Court's order in a case, which allowed the conditional release of detenues who had spent more than three years in Assam's foreigner detention camps.

According to the plea, when the petitioner approached the police station the next day and informed the officials that their case was still pending before the Supreme Court, he was denied access to his mother and her release was refused.

The petition challenges the decision of the Gauhati High Court, which upheld a Foreigners Tribunal ruling declaring Bewa a foreigner - a decision that has remained under challenge before the Supreme Court since 2017.

The plea sought a direction to the authorities to immediately release Bewa from "unlawful detention" at Dhubri police station.

It also sought a direction restraining deportation or "push back" of the detainee across any Indian border.