GUWAHATI, Sept 9: The Gauhati High Court has directed the Assam government to pay ₹2 lakh as interim compensation to the husband of a Nagaon woman who was declared a foreign national and 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) to facilitate the woman’s repatriation to India.
The court was hearing a petition filed by Mujammel Hoque, husband of Mumtaz Begum, challenging the circumstances surrounding her detention and expulsion. The bench observed that Article 21 of the Constitution protected the life and personal liberty of citizens as well as non-citizens, and said Begum had been denied an opportunity to challenge the Foreigners Tribunal’s opinion before the High Court.
Begum was declared a foreign national by the Foreigners Tribunal in Juria, Nagaon, in June 2019. The High Court had set aside the tribunal’s opinion on April 20 this year for failing to discuss the evidence and directed her to appear before it by May 30.
According to the petition, Begum appeared before the tribunal on May 30 with her lawyer and produced the High Court order, but was allegedly arrested after her counsel left. She was subsequently shifted through police stations and detention centres before being handed over to the BSF on June 13.
An affidavit filed by the BSF stated that Begum was “sent back to Bangladesh on June 14, 2026”, through the Kalaincherra area of Cachar.
The High Court noted that authorities had neither provided Begum with the tribunal’s May 30 opinion nor informed her family about her arrest and expulsion, thereby depriving her of an opportunity to seek legal remedy.
The court ordered the ₹2 lakh compensation to be paid within 60 days, without affecting the petitioner’s right to seek further compensation before a civil court.
It directed the MEA to locate Begum in Bangladesh, facilitate her return to India and enable her to pursue legal remedies. The court also directed the Assam Home and Political Department to ascertain when the tribunal’s May 30 opinion was made ready.
As an interim measure, the court directed all SPs (Border) to ensure that persons declared foreign nationals are informed of tribunal opinions and provided copies before being taken into custody. Adult family members must also be informed before such persons are shifted outside the jurisdiction.
The matter will be heard next on September 24.
