GUWAHATI: The Gauhati High Court has directed the Government of Assam to pay interim compensation of ₹2 lakh to a petitioner whose wife was deported to Bangladesh without the petitioner or any adult member of her family being informed about her detention.
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The order was passed on September 3, in Mujammel Hoque v. The State of Assam and 10 Ors. (W.P.(Crl.)/26/2026), heard by Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund.
The case arose from a habeas corpus petition filed by Mujammel Hoque concerning his wife, Musstt. Mumtaz Begum, alias Mumtaz, who had earlier been declared a foreigner by the Foreigners Tribunal (4th Nagaon at Juria) on June 6, 2019.
The Gauhati High Court had, on April 20, 2026, set aside the 2019 opinion of the Foreigners Tribunal, observing that the evidence had not been completely evaluated. The matter was remanded to the Tribunal, with directions for Mumtaz to appear before it by May 30, 2026.
According to the petitioner, Mumtaz appeared before the Tribunal on May 30, following which police apprehended her near the Tribunal premises and took her into custody. She was subsequently moved between local police stations before being taken to the Transit/Detention Camp at Matia in Goalpara and later transferred to Sribhumi district.
During the proceedings before the High Court, information provided by the authorities revealed that Mumtaz was handed over to the Border Security Force (BSF) and pushed back to Bangladesh in the early hours of June 14, 2026, under the Immigrants (Expulsion from Assam) Act, 1950.
The State authorities and the BSF argued that the prescribed procedure for expulsion of a Declared Foreign National had been followed. They also referred to previous instances where declared foreign nationals allegedly became untraceable after adverse Tribunal opinions.
However, the High Court noted that the judgments relied upon by the State did not authorise the authorities to take a person into custody or expel them without furnishing a copy of the Tribunal's written opinion or allowing a reasonable opportunity to exhaust available legal remedies.
The Court therefore said, it was inclined to direct the Government of Assam to pay ₹2 lakh to the petitioner as an interim palliative measure.
“As the detenue has been expelled out of India without providing any information to the petitioner or any adult family member of the detention of the detenue, as an interim palliative measure, the Court is inclined to direct the Government of Assam to pay an interim compensation of ₹2,00,000/- (Rupees Two lakh only) to the petitioner.” Court’s order stated
The Court clarified that the payment would be in addition to, and not in derogation of, the petitioner's right to seek further compensation before a Civil Court.