The Meghalaya High Court has found that 17 foreign nationals are still lodged in Shillong District Jail despite having completed their respective prison sentences, with one Myanmar national having spent more than 10 years and a Bangladeshi national four years behind bars beyond their sentences.
A Division Bench comprising Chief Justice Revati Mohite Dere and Justice Wanlura Diengdoh made the observation while hearing a writ petition on Wednesday.
During the first session of the hearing, Additional Advocate General Khalid Khan had informed the court that only one Bangladeshi national had completed his sentence but continued to remain in prison for more than a year.
However, following the second session, the Bench decided to visit Shillong District Jail to assess the condition of inmates and verify whether they were being provided the required facilities and legal assistance.
During the visit, the judges found 17 foreign nationals who had already completed their sentences. Of them, 15 were Bangladeshi nationals, while one each was from Myanmar and Nigeria.
The court found that the Myanmar national had remained in prison for over 10 years after completing the sentence, while the Bangladeshi national had spent four additional years in jail. The remaining prisoners had been incarcerated beyond their sentences for periods ranging from six months to a couple of years.
The Bench observed that the information furnished by the AAG, based on instructions received through a letter dated August 28, was “completely misleading and incorrect.”
Amicus Curiae Tshering Yangi B. also informed the court that during her visits to various prisons, she had found four inmates in Williamnagar Jail, three in Tura Jail and four in Nongpoh Jail who had completed their sentences. However, she could not ascertain whether they were foreign nationals or Indian citizens.
Following an order issued on September 8, the Inspector General of Prisons appeared before the court and informed the Bench that Meghalaya had no detention centres to house foreign nationals after completion of their sentences until their deportation or repatriation.
The High Court noted that the Supreme Court, in several judgments, had repeatedly held that keeping a person in custody after completion of the period of imprisonment is illegal and violates the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution.
The court further observed that foreign nationals who have completed their sentences should have been shifted to detention centres in accordance with the law.
In view of the absence of such detention centres, the Bench directed the Commissioner and Secretary of the Home (Police) Department, Commissioner and Secretary of the Department of Prisons and Correctional Services, Inspector General of Prisons, and a senior officer of the Foreigners Registration Office (FRO), Shillong, to appear before the court on September 10.
The court also directed the AAG to obtain instructions on how quickly a suitable location could be designated as a temporary detention centre until a permanent facility is established.
Making its position clear, the High Court said it could not accept a situation where people continued to remain incarcerated despite having completed their sentences.
The Bench also said that the issue of compensation for those who had been kept in prison beyond their sentences would be considered at an appropriate stage.
The court further said it would pass appropriate orders on September 10 over the furnishing of false and incorrect information, in the presence of the concerned senior officials.
The AAG was directed to immediately communicate the court’s order to the officials concerned so that they could remain present during the hearing on September 10.
