The Gauhati High Court has ordered the Assam government to provide ₹2 lakh as interim compensation to the husband of Mumtaz Begum. Begum, a Bengali-speaking Muslim woman, was declared a foreign national by a foreigners tribunal and subsequently pushed into Bangladesh. This ruling highlights ongoing issues related to citizenship and deportation in the region.
This is the first such instance where a court has imposed a cost on the state for pushing a person into Bangladesh, in violation of deportation rules. The order was passed by a bench of justices Kalyan Rai Surana and Susmita Phukan Khaund while hearing a habeas corpus petition filed by Begum’s husband Mujammel Hoque, a resident of Juria in Nagaon district. Foreigners tribunals are quasi-judicial bodies unique to Assam that adjudicates on matters of citizenship of those marked as suspected foreigners by the border police or those listed as doubtful voters (D-voters) in electoral rolls. In light of the proceedings, the bench directed district superintendents of police to ensure that declared foreign nationals are informed of tribunal orders before being taken into custody.
The bench noted that Begum and her family was not informed of the May 30 order, observing that not providing a copy of the tribunal’s order to Begum or her family members or failure to inform them about her expulsion, were procedural lapses on the part of the state machinery and police.
Also, an adult family member must be informed before the person is removed from the district.
Court Orders Compensation After Detention Camp Incident
The Assam government has been directed to pay ₹2 lakh in interim compensation to a petitioner whose wife was expelled from India without notification. The ruling came from a bench on September 3, which emphasized the lack of communication with the woman’s husband or any adult family member regarding her expulsion.
The court mandated that the compensation be disbursed within 60 days, and noted that the petitioner retains the right to seek further relief through a civil court.
The case was brought to the high court by the petitioner, Hoque, in June after he was unable to find his wife at a detention camp designated for individuals declared foreign nationals by the foreigners tribunals. This facility is located in Matia, Goalpara district.
