Guwahati: The Gauhati High Court has directed the Assam government to pay Rs 2 lakh as interim compensation to Mumtaz Begum, a woman who was expelled to Bangladesh without being given an opportunity to challenge a Foreigners Tribunal order declaring her a foreign national. A Division Bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund passed the order while hearing a habeas corpus petition filed by Begum’s family. The family came to know that she had been sent to Bangladesh only after approaching the High Court. The court expressed serious concern over the manner in which the Nagaon Foreigners Tribunal dealt with Begum’s case. It observed that “malice in law” appeared to be evident from the tribunal’s actions.
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The tribunal had declared Begum a foreigner on May 30 after she appeared before it following an earlier High Court direction to reconsider her case. The High Court had previously found that the tribunal had failed to consider all the evidence submitted by her. According to the court, Begum was not informed about the May 30 order and was arrested shortly afterwards, leaving her without an opportunity to challenge the decision before being expelled. The Bench also questioned the differing accounts provided by the tribunal judge and police regarding the timing and circumstances of her arrest. The High Court held that the procedure followed amounted to a “direct violation” of the standard operating procedure governing the expulsion of declared foreign nationals. Such individuals must be allowed to exhaust available legal remedies before they are removed from the country.
The court said the state machinery had prevented Begum from exercising her right to approach the High Court against the tribunal’s decision and accordingly ordered the interim compensation of Rs 2 lakh. The Bench also directed Assam’s Home and Political Department to inquire into the date and time when the tribunal’s May 30 order was prepared. If necessary, the tribunal member’s computer may be seized to determine when the opinion was actually written. The court further directed district police superintendents to ensure that declared foreign nationals are informed of tribunal orders before being taken into custody and that an adult family member is informed before the person is removed from the district.
