Detention centres should have humane conditions: P&H High Court on action against migrant workers

The Punjab and Haryana High Court on Wednesday said it will hear next week a Public Interest Litigation (PIL) alleging arbitrary detention of Bengali-speaking migrant workers in Gurugram.

The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry said it would intervene in case those detained are not housed in humane conditions during the process of verification.

“Those places they are kept … if that does not have humane conditions, you tell us… we will direct that. Homes should have humane conditions,” Chief Justice Nagu said, while listing the matter for hearing next week.  

However, the Court said the police is entitled to carry out the necessary verifications. 

“You (migrant workers) have to be subjected to that verification to find out whether you are an Indian national or not,” Chief Justice Nagu said.

The counsel representing the petitioner, activist Nirmal Gorana, said the question was not of verification but the process and manner in which the exercise was being carried out.

“Police cannot pick up anybody. There has to be some basis on which that suspicion is arrived,” he said, adding that absolutely arbitrary powers have been given to the police without any supervision

He added that the matter pertains to arbitrary detention of migrant workers in Gurgaon, particularly those belonging to certain religious and linguistic minorities. The Court was told the people were being picked up on the basis of mere suspicion over their nationality.

“They are Indian citizens. West Bengal police is on record saying that these are bonafide Indian nationals,” it was submitted.

In response to a question whether any offence was registered, the counsel said detentions were taking place on administrative instructions.

In response, a counsel representing Haryana government said those detained “belong to Bangladesh”.