Guwahati: The Gauhati High Court has directed the Assam government to pay Rs 2 lakh in interim compensation to Mumtaz Begum, a Bengali-origin Muslim woman who was expelled to Bangladesh without an opportunity to challenge a Foreigners Tribunal order declaring her a foreign national.
A Division Bench of 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 pushed into Bangladesh when they approached the High Court with the petition.
The court took serious exception to the manner in which the Nagaon Foreigners Tribunal handled Begum’s case, observing that “malice in law” on the part of the tribunal appeared to be evident from the record.
The tribunal had declared Begum a foreigner on May 30, after she appeared before it pursuant to an earlier High Court direction to reconsider her case. The High Court had earlier found that the tribunal had not considered all the evidence submitted by her.
The Bench noted that Begum was not informed of the May 30 order and was arrested shortly afterwards, leaving her without an opportunity to challenge the decision. It also questioned the accounts given by the tribunal judge and the police regarding the timing and circumstances of her arrest.
The court held that the procedure followed amounted to a “direct violation” of the standard operating procedure governing the expulsion of declared foreign nationals. Under the procedure, a person must be allowed to exhaust available legal remedies before being expelled.
The Bench said the state machinery had prevented Begum from exercising her right to approach the High Court against the tribunal’s order. It therefore directed the Assam government to pay her Rs 2 lakh as interim compensation.
The court also directed the Home and Political Department to inquire into the date and time when the tribunal’s May 30 order was prepared. If necessary, it said, the tribunal member’s computer could be seized to establish when the opinion was written.
The Bench further directed district Superintendents of Police to ensure that declared foreign nationals are informed of tribunal orders before being taken into custody. An adult family member must also be informed before the person is removed from the district.