Detention before declaration as Foreigner: Gauhati HC orders interim release of detained woman

A peculiar case where a woman was detained in Jorhat Detention centre, almost two months before she was declared a foreigner by the Foreigners’ Tribunal, Jorhat, recently led to Gauhati High Court to intervene in her favour.

The Bench of Justices Suman Shyam and Parthivjyoti Saikia observed.

“We find that the impugned order declaring the petitioner as foreigner was passed on 08-03-2019. But the petitioner was arrested on 19-01-2019. Therefore, it is apparent that the petitioner was taken into custody even before she was declared as a foreigner.”

The Court also took note that as per details of the National Register of Citizens (NRC) produced, the woman’s mother, brother and sister had already been recognised as citizens in the NRC list.

It was submitted that to support her claim of Indian citizenship, the woman had also produced a copy of the 1951 NRC list,1968 and 1977 Voters’ lists and a certified copy of Jamabandi, which proved that her grandfather and father were included in these lists and that there was linkage between the petitioner and her father. The Foreigner’s Tribunal had rejected this evidence.

However, in view of the facts and circumstances of the case in its entirety and given the material on record, the Court decided to order the woman’s release as interim relief. The Court said,

“Considering the facts and circumstances of the case in its entirety as well as the documents brought on record, we are of the opinion that the petitioner has succeeded in making out a good case for issuing an interim order in her favour.”

Release was ordered on the condition that the petitioner furnish a bond of Rs 5,000 and one surety of like nature to the satisfaction of the concerned Superintendent of Police and provided that the petitioner would report to the concerned Superintendent of Police after every 15 days.

The Court, further added,

“Violation of the above condition would lead to automatic cancellation of the release order.

As a prudent measure, the Superintendent of Police may also take steps for capturing the finger prints and biometrics of iris of the petitioner’s eyeballs, if so advised."

The matter is expected to be taken up next after six weeks.