Gauhati HC Questions Assam Govt Over Timing Of Tribunal Order In Case Of Woman Pushed To Bangladesh
Ms Begum, along with another woman Ms Jahanara Begum, was declared a foreigner by the Nagaon Foreigners’ Tribunal. The High Court had earlier set aside previous tribunal opinions and remanded the cases for fresh consideration
Guwahati, Oct. 12: The Gauhati High Court has asked the Assam government to clarify the circumstances under which Mumtaz Begum, a resident of Nagaon district, was pushed to Bangladesh. The court also warned the Assam government that it would presume a Foreigners’ Tribunal opinion declaring her a foreigner was not finalised in time unless the state proves otherwise.
In an order dated October 7, a division bench of Justices Kalyan Rai Surana and Pranjal Das stated that the court would presume the tribunal’s May 30 opinion “was not made ready within the appropriate time, i.e., prior to the taking into custody” of Ms Begum if the state failed to establish the exact date and time it was prepared. The court had earlier directed an inquiry into the matter, including the possibility of forensic examination of the tribunal’s computer if required.
Ms Begum, along with another woman Ms Jahanara Begum, was declared a foreigner by the Nagaon Foreigners’ Tribunal. The High Court had earlier set aside previous tribunal opinions and remanded the cases for fresh consideration. Both women appeared before the tribunal in late May. Authorities took them into custody, moved them through detention facilities, and handed them over to the Border Security Force. They were pushed across the border into Bangladesh on the intervening night of June 13-14, according to submissions made in the court.
Families of the women approached the High Court with habeas corpus petitions after they went missing. The court observed that they had been expelled without being given a reasonable opportunity to challenge the fresh tribunal opinions, as copies of the orders were not provided to them or adult family members in time.
In September, the High Court directed the Assam government to pay Rs 2 lakh each as interim compensation to the families of the two women. It also impleaded the Ministry of External Affairs and directed it to make efforts to locate the women in Bangladesh and facilitate their return to India so they could pursue legal remedies.
At the recent hearing, the Centre informed the court that an inquiry into the women’s whereabouts was ongoing and sought more time. The women remain untraced.
The High Court has asked the Assam government and the Ministry of External Affairs to file status reports. The case highlights concerns over procedural safeguards in the handling of persons declared foreigners by tribunals in Assam.
