The Gauhati Excessive Courtroom directed the Assam authorities to pay Rs. 2 Lakh as interim compensation to the husband of a lady expelled from the nation and despatched to Bangladesh, noting that the Foreigner’s Tribunal “wilfully delayed” issuance of licensed copy of opinion declaring her a foreigner to make sure that she is eliminated— which displayed “malice in regulation”.
In doing so the courtroom noticed that the detenue or her grownup members of the family ought to have been supplied both a replica of the opinion of the Foreigner’s Tribunal 30.05.2026 or an info in writing of the arrest and detention and elimination from the jurisdiction from the District Commissioner, Nagaon and Senior Superintendent of Police (B), Nagaon.
A division bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund in its order mentioned:
“The respondents haven’t produced any document that the detenue or any grownup members of the family have been knowledgeable in regards to the motive for taking the detenue into custody or the choice by the District Commissioner, Nagaon, to expel the detenue from the Nation. In any view of the matter, the mentioned three circumstances don’t permit the Foreigners Tribunal to delay issuance of licensed copy of the opinion in order that within the meantime she could be shifted from Juria to Nagaon after which to Holding Space at Matia, Goalpara after which to Sribhumi to be expelled from the Nation. Thus, the State equipment, appearing in tendem, had prevented the detenue to exhaust her proper to maneuver this Courtroom by means of a writ petition to problem the impugned opinion dated 30.05.2026…
In mild of the discussions above, because the detenue has been expelled out of India with out offering any info to the petitioner or any grownup member of the family of the detention of the detenue, as an interim palliative measure, the Courtroom is inclined to direct the Authorities of Assam to pay an interim compensation of Rs.2,00,000/- (Rupees Two lakh solely) to the petitioner. This palliative fee of compensation shall be along with and never in derogation of the correct of the petitioner to hunt compensation earlier than the Civil Courtroom”
The courtroom discovered that the nature of motion taken by the Tribunal had an “aspect of malice” on the face of the document. It mentioned that had the Tribunal knowledgeable the detenue even verbally that she was declared to be a foreigner, there would have been no motive for her to be within the campus of the Tribunal and/or in its neighborhood between 01:30- 2:00 pm on 30.05.2026, in order to be obtainable for the police personnel to take her into custody.
“The Courtroom is inclined to carry that the workplace of the discovered Member, Foreigners Tribunal 4th, Nagaon, at Juria, intentionally and wilfully delayed the issuance of licensed copy of the impugned opinion dated 30.05.2026, in order to make sure that by that point, the detenue could be faraway from Nagaon District. Thus, a case of malice in regulation has been made out in opposition to the respondent no. 10 (Tribunal),” the courtroom added.
Additional, on noting that the respondents had not proven as to why safety of proper underneath Article 22 of the Structure of India shouldn’t be prolonged to these proceedee who’re being arrested and detained on the identical day when the opinion is handed by the Foreigners Tribunals the courtroom handed the next instructions:
- The jurisdictional Senior Superintendent of Police (Border) and/or the Superintendent of Police (Border) of each district of the State of Assam, because the case could also be, ought to make sure that earlier than taking Declared International Nationwide (DFN) into custody, he/she shall learn in regards to the opinion handed in opposition to him/her by the Foreigners Tribunals and likewise present them with a free copy of such opinion.
- Furthermore, earlier than such DFN are shifted to outdoors the jurisdiction of the jurisdictional Senior Superintendent of Police (Border) and/or the Superintendent of Police (Border) of each district of the State of Assam, because the case could also be, the grownup member of the family of the DFN ought to be knowledgeable that the detenue is being faraway from their jurisdiction.
- The compliance of the aforesaid two interim instructions ought to be reported to the District Justice of the Peace of the involved District by the jurisdictional Senior Superintendent of Police (Border) and/or the Superintendent of Police (Border) of each district of the State of Assam, because the case could also be.
The courtroom handed the order in a habeas corpus plea filed by the girl’s husband who argued that his spouse’s case was tried by Foreigners Tribunal, Nagaon and it had opined on 6.06.2019, declaring her to be a foreigner.
The girl had filed her written assertion and likewise filed her evidence-on-affidavit, whereby she had denied that she was a foreigner and claimed to be Indian citizen.
She additionally referred to produced paperwork exhibiting her parentage in addition to faculty switch certificates. She challenged the tribunal’s opinion and the excessive courtroom had in April 2026 held remanded the matter to the Tribunal for a contemporary choice asking the girl to seem earlier than the Tribunal on or earlier than 30.05.2026.
The petitioner claimed that his spouse appeared earlier than the tribunal on the date and her counsel produced the licensed copy of the order handed by the excessive Courtroom. After doing so the counsel left the tribunal whereas the spouse stayed on. At about 1:00 pm, the police personnel from Juria Police Station arrived on the precincts of the Tribunal and arrested the detenue and took her to the Juria Police Station.
When the petitioner got here to find out about it, he claimed he went to fulfill the Tribunal member however he was ousted from the Chamber of the Member and he was knowledgeable that his earlier opinion would prevail and he would move his opinion later.
It was claimed that the detenue was shifted from Juria Police Station to Sadar Police Station, Nagaon, the place she was saved the evening. On 31.05.2026, the detenue was produced earlier than the workplace of the Superintendent of Police (Border), Nagaon and later that day, the detenue was despatched to Transit/ Detention Camp, Matia, Goalpara.
The petitioner went to the Transit/Detention Camp, Matia, Goalpara, to acquire the signature of the detenue within the vakalatnama however was knowledgeable that the detenue was taken again by the Police to Nagaon. The petitioner returned again and on 09.06.2026, he went to Juria Police Station, Sadar Police Station, Nagaon, and Workplace of the Superintendent of Police, Nagaon, however he acquired no info of the whereabouts of the detenue.
The Courtroom was knowledgeable by the standing counsel for the Foreigners Tribunal and Border issues that the detenue was handed over to the Border Safety Drive. Thereafter, when the matter was listed on 24.06.2026, the counsel for Central Authorities knowledgeable on directions that the detenue had been despatched again to Bangladesh on 14.06.2026 at about 00:10 hours.
The courtroom referred to Govt Order dated 29.10.2025, by which Customary Working Process (SOP) underneath the Immigrants (Expulsion from Assam) Act, 1950 was issued by the Assam Authorities envisaging three steps.
The primary course of is self-removal; the second step is elimination by use of power; and third step is elimination of DFN. The SP, Nagaon submitted a replica of the Order underneath Part 2 of the Immigrants (Expulsion from Assam) Act dated 02.06.2026, issued by the District Commissioner, Nagaon, by which together with three others, the detenue was directed to take away herself from the territory of India (Assam) inside 24 (twenty 4) hours.
On this the courtroom mentioned:
“Within the thought-about opinion of the Courtroom, it’s apparent that the mentioned order is farcical and was by no means supposed to be complied with. It can’t be believed that the Police authorities had withheld info from the District Commissioner, Nagaon (respondent no.5) that the detenue was arrested and/or taken into custody on 30.05.2026 and on the identical day, the detenue was shifted to Holding Space, Matia, Goalpara, by advantage of order no. NGN/B/2026/678 dated 30.05.2026, handed by the Senior Superintendent of Police (Border), Nagaon. Due to this fact, it’s a completely absurd proposition that whereas the detenue is in custody within the Holding Space, Matia, Goalpara, she might have eliminated herself from India (Assam) inside 24 hours, as directed. The mentioned order discloses {that a} copy of the mentioned order was to be served on the detenue, however the respondent nos. 5 and 6 have didn’t annex any doc with their respective affidavit-in-opposition to point out {that a} copy of the mentioned order dated 02.06.2026, was truly served on the detenue“.
The courtroom thereafter referred to affidavits filed by the Senior Superintendent of Police, Nagaon, the Member, Foreigners Tribunal, 4th, Nagaon, Juria and the Deputy Inspector Common, Sector HQ BSF, Silchar, and mentioned that “none of them have made any assertion that whereas arresting the detenue, she was served with a replica of the opinion dated 30.05.2026, handed by the respondent no.10 (Tribunal)”.
The courtroom mentioned that the police had disclosed any document maintained with them that when was the detenue arrested and introduced, whether or not she had in her possession the copy of the opinion dated 30.05.2026, by which she was declared to be a foreigner.
The courtroom additionally rejected the Tribunal counsel’s submission that the members of the family of the detenue had not proven any urgency to use for licensed copy of the opinion, which they might have utilized on 30.05.2026.
It mentioned that the respondents had not produced any materials on document to point out that the detenue and/or her members of the family have been served both with a replica of the opinion dated 30.05.2026 or any info/ discover informing that the detenue was arrested and brought to Juria Police Station, or to the Workplace of the Senior Superintendent of Police (Border), Nagaon, or that the detenue was shifted to Holding Space, Matia, Goalpara.
The courtroom additionally mentioned that there was no materials to point out that when the detenue was introduced into Juria Police Station, the detenue was supplied with a replica of the mentioned opinion and/or the police personnel had been supplied with a replica of the opinion dated 30.05.2026. Additional the District Commissioner, Nagaon expulsion order additionally doesn’t disclose about the opinion dated 30.05.2026.
“On this case, by not offering a replica of the opinion to the detenue, or to any grownup member of her household, a priceless time of the petitioner was spent to hint out the detenue, and by the point the petitioner might receive licensed copy of the opinion and return again to the Holding Space, Matia, Goalpara, the detenue had been shifted to Sribhumi, which is greater than 400 km away, and would maybe take 12 hours journey time. By the point order dated 19.06.2026, was handed by this Courtroom, the detenue was already expelled from the Nation,” the courtroom mentioned.
Thus, the courtroom discovered a transparent non-compliance of Clause 2(c)(i) of the SOP vide Govt Order 29.10.2025. It additional discovered that the respondents had not proven that in pendency of the proceedings earlier than Tribunal the detenue had vanished.
The courtroom additional directed the impleadment of Ministry of Exterior Affairs in order that essential instructions could be issued on the subsequent date to the authority to make an endeavour to have the detenue positioned in Bangladesh and to have her expatriated to India in order to provide to her a chance to exhaust her treatment as per Clause 2(c)(i) of the Govt Order.
The courtroom listed the matter on September 24.
Case title: MUJAMMEL HOQUE v/s THE STATE OF ASSAM AND 10 ORS
Case No. : W.P.(Crl.)/26/2026
