In a First, State Held Liable for Pushing Woman into Bangladesh
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Gauhati HC flags deportation procedure violations, orders Assam to pay Rs 2 lakh and asks MEA to facilitate woman’s return.
By Pranjal Gupta
New Delhi, September 8: A Bengali-origin Muslim woman was deported to Bangladesh after a Foreigners Tribunal (FT) declared her a foreign national, without giving her an opportunity to challenge the order before the High Court. The Gauhati High Court, while hearing the case on September 3, termed the action a “direct violation” of the procedure governing deportation. The court directed the Assam Government to pay Rs 2 lakh to the woman’s husband and advised the Ministry of External Affairs (MEA) to locate her in Bangladesh and facilitate her return to India.
The order is the first instance in India of a State being held financially liable for violating deportation procedures in such a case, according to a report by The Hindu.
On May 30, Mumtaz Begum appeared before the FT after the High Court had earlier directed the tribunal to reconsider her case. The tribunal, however, declared her a foreign national. Her husband, Mujammel Hoque, subsequently filed a habeas corpus petition challenging the circumstances of her deportation and seeking appropriate relief from the court.
‘Violation of procedure’
In its September 3 order, a Division Bench of the Gauhati High Court comprising Justices Kalyan Rai Surana and Susmita Phukan Khaund took serious exception to the manner in which the Foreigners Tribunal in Nagaon handled Begum’s case. The Bench observed that “malice in law” on the part of the tribunal appeared evident from the record.
The court found that the procedure followed amounted to a “direct violation” of the standard operating procedure governing the expulsion of declared foreign nationals. It also observed that the State had prevented Begum from exercising her right to challenge the FT’s order before the High Court.
The Bench consequently directed the State to pay Rs 2 lakh to Hoque, who had approached the court over his wife’s deportation.
“This palliative payment shall be in addition to and not in derogation of the petitioner’s right to seek compensation before the civil court,” the order said.
The High Court also impleaded the MEA in the case and asked it to “make an endeavour” to locate Begum in Bangladesh and facilitate her return to India.
The order is significant as the court went beyond finding a procedural violation, directing the State to provide monetary relief while also seeking steps to locate Begum and facilitate her return to India.
