Gauhati High Court Directs Assam Police to Release Detention Camps Inmates amid Corona Crisis

Guwahati, April 17, 2020:

The Gauhati High Court has directed the Assam police to ensure that detenues of the six detention camps in the state who have spent more than two years are released from detention camp, on bail.

The Gauhati High Court has also sought a compliance of several conditions, such as the storing of the bio-metrics of the inmates who will be released. Further, the detenues have been asked to report once every week to the nearest police station.

"The aforesaid modifications was the outcome of the suo-motu proceedings initiated by the Hon’ble Supreme Court of India and in the two Intervention Applications, mentioned above, in the wake of the global outbreak of corona virus and in order to arrest the spread of the disease, not only in prisons but also in the correctional homes, detention centres and protection homes", the Gauhati High Court said.

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The Supreme Court had earlier ordered the release of such detainees amid the release of thousands of jail inmates in the midst of the COVID-19 outbreak in the country. The Court asked that the Superintendent of police (SP) will submit a quarterly report to the Foreigners Tribunals (FT) concerned regarding appearance of the detainees. The Supreme Court has directed the release of the detainees in Assam who were declared foreigners and have been lodged in detention centres for two or more years. The apex court has also lowered the personal bond amount from Rs 1 lakh to Rs 5,000.

“Having regard to the present circumstances prevailing in the country and having regard to the fact that we have already permitted the release of prisoners and people under detention in general, and such detainees who have completed three years upon their declaration as foreigners, we see no reason why the period should not be reduced from

three years to two years, that is to say, the prisoners or detainees who have been under detention for two years shall be entitled to be released…,” stated the bench of Chief Justice S.A. Bobde and Justices L.N. Rao and M Shantanagoudar.

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Recently Supreme Court owing to COVID -19 pandemic directed the release of those

detainees in Assam who were declared foreigners and have been lodged in detention

centres for two years or more.

A bench of Chief Justice SA Bobde and Justices LN Rao and M Shantanagoudar stated, "Having regard to the present circumstances prevailing in the country and having regard to the fact that we have already permitted the release of prisoners and people under detention in general, and such detenues who have completed three years upon their declaration as foreigners, we see no reason why the period should not be reduced from three years to two years, that is to say, the prisoners or detenues who have been under detention for two years shall be entitled to be released...," the bench said.

Last year Supreme Court has said that those foreigners who have spent over three years

in detention centres in Assam can be released on two Indian sureties of Rs 1 lakh each,

but such released foreigners will have to report to local police stations. Around 27 persons were released after the order was passed. Now, the order has been revised keeping in

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