Gauhati HC directs Assam govt to pay Rs 2 lakh to husband of woman expelled to Bangladesh

The Gauhati High Court has directed the Assam government to pay Rs 2 lakh as interim compensation to the husband of a Nagaon woman who was declared a foreign national by a Foreigners Tribunal and subsequently expelled to Bangladesh without her family being informed.

A Division Bench of Justices Kalyan Rai Surana and Susmita Phukan Khaund, in an order passed on September 3, also impleaded the Ministry of External Affairs (MEA) as a respondent in the case to facilitate the woman's repatriation to India.

The court was hearing a petition filed by Mujammel Hoque, husband of Mumtaz Begum, seeking her production before the court and challenging the circumstances surrounding her detention and expulsion.

The bench observed that Article 21 of the Constitution guarantees protection of life and personal liberty not only to citizens but also to non-citizens. It said Begum had been deprived of an opportunity to challenge the Foreigners Tribunal's opinion before the Gauhati High Court.

Mumtaz Begum was declared a foreign national by a Foreigners Tribunal in Nagaon's Juria on June 6, 2019, in a case registered in 2015. The Gauhati High Court had, on April 20 this year, set aside the tribunal's opinion on the ground that it had failed to discuss the evidence and directed Begum to appear before the tribunal on or before May 30.

According to her husband's petition, Begum appeared before the tribunal on May 30 along with her lawyer and produced the High Court's order. After her counsel left, she was allegedly arrested by personnel from Juria police station.

She was subsequently kept at Juria police station and Nagaon Sadar police station before being shifted to the transit camp at Matia in Goalpara on May 31 and later to a holding centre at Eraligool in Sribhumi district.

Hoque told the court that his wife was handed over to the Border Security Force (BSF) on June 13. According to an affidavit filed by the BSF, she was “sent back to Bangladesh on June 14, 2026”, around 10 minutes past midnight through the Kalaincherra area of Cachar.

The High Court observed that authorities had failed to provide the May 30 tribunal opinion to Begum or inform her family members about her arrest and subsequent expulsion.

The bench said this had deprived her of the opportunity to challenge the tribunal's opinion before the High Court.

“As the detenue has been expelled out of India without providing any information to the petitioner or any adult family member of the detention of the detenue, as an interim palliative measure, the court is inclined to direct the Government of Assam to pay an interim compensation of Rs 2,00,000 to the petitioner,” the court said.

The compensation is to be paid within 60 days of receipt of the order and will be in addition to the petitioner's right to seek further compensation before a civil court, the bench said.

The court also directed the MEA to take steps to locate Begum in Bangladesh, facilitate her return to India and provide her an opportunity to pursue legal remedies before the Gauhati High Court, if she chooses to challenge the tribunal's opinion.

The bench further observed that there appeared to be “a case of malice in law” against the member of the Foreigners Tribunal at Juria for allegedly delaying the issuance of the certified copy of its May 30 opinion.

The certified copy was applied for on June 2 but was delivered only on June 5, by which time Begum had already been expelled to Bangladesh, the court noted.

The High Court directed the Assam government's Home and Political Department to ascertain the exact date and time when the tribunal's May 30 opinion was made ready.

As an interim measure, the court also directed the Superintendents of Police (Border) in every district to ensure that a person declared a foreign national is informed about the tribunal's opinion and provided a copy before being taken into custody. Adult family members must also be informed before the person is shifted outside the jurisdiction, it said.

The matter has been listed for the next hearing on September 24.