The Meghalaya High Court has observed that keeping foreign nationals in custody for years after they have completed their prison sentences may amount to dereliction of duty by the authorities. The court stressed that the constitutional right to life and personal liberty under Article 21 extends to foreign nationals as well.
A division bench comprising Chief Justice Revati Mohite Dere and Justice Wanlura Diengdoh noted that several foreign nationals had remained in detention long after serving their sentences, with some confined for over a decade and others for several years.
The court remarked that authorities are aware of the date on which a prison term ends and should therefore initiate deportation or repatriation procedures well in advance. Failing to do so, the bench observed, results in unnecessary delays and prolonged detention.
Rejecting the State’s reliance on provisions of the Immigration and Foreigners Act, 2025, and the Deportation Manual, 2026, the court held that detention in holding centres after completion of a sentence must remain reasonable and cannot continue indefinitely. It added that accountability for delays cannot be shifted between departments.
During the hearing, the State informed the court that five Bangladeshi nationals lodged in Tura jail were scheduled for deportation, while six other foreign nationals had already been repatriated on September 30. Around 20 foreign nationals are currently housed at a holding centre in Meghalaya.
The court also took note of the case of a 14-year-old child who has been staying in a children’s home solely because he accompanied his father, a Bangladeshi national lodged in Shillong jail. The bench directed authorities to ensure the child’s prompt repatriation to his mother in Bangladesh and to verify that he reaches her safely.
Further, the High Court directed the State government to formulate standard operating procedures so that documentation and other formalities for deportation begin well before a prisoner completes a sentence. The matter will next be heard on October 29.
