5 hrs ago
Gauhati High Court Orders Compensation After Woman’s Deportation
The Gauhati High Court heard a case about Mumtaz Begum, who was sent from India to Bangladesh.
Her husband, Mujammel Hoque, said he was not told before she was removed.
Begum had been declared a foreign national by a tribunal, but she was challenging that decision.
The High Court had earlier ordered the tribunal to reconsider her case.
The court said that sending her away without informing her family appeared to involve procedural mistakes.
It ordered the Government of Assam to pay Hoque Rs 2 lakh for now.
The Ministry of External Affairs was asked to find Begum and help bring her back to India.
Assam’s home department must also investigate what happened.
The Gauhati High Court ordered the Government of Assam to pay Mujammel Hoque Rs 2 lakh in interim compensation.
Hoque’s wife, Mumtaz Begum, was sent to Bangladesh without him or an adult family member being informed.
Begum had challenged a 2019 foreigners tribunal decision declaring her a foreign national.
The court directed the Ministry of External Affairs to locate Begum and facilitate her return to India.
The Assam home department was ordered to investigate procedural lapses surrounding her expulsion.
- Who
- The Gauhati High Court, Mujammel Hoque, Mumtaz Begum, the Government of Assam, and relevant central authorities.
- What
- The court ordered Rs 2 lakh in interim compensation and directed an inquiry and efforts to facilitate Begum’s return.
- Where
- The case was heard by the Gauhati High Court in Assam; Begum was sent to Bangladesh after being held at the Matia detention centre.
- When
- The order was passed on September 3; Begum was reportedly sent to Bangladesh on June 14, after appearing before the tribunal on May 30.
- Why
- The court said Begum was expelled without informing her husband or an adult family member, despite legal proceedings concerning her citizenship status.
Key facts
- Interim compensation
- Rs 2 lakh
- Payment deadline
- The Government of Assam has 60 days to pay.
- Petitioner
- Mujammel Hoque, Begum’s husband
- Deported woman
- Mumtaz Begum
- Tribunal decision
- A Nagaon foreigners tribunal declared Begum a foreign national in 2019.
- Reported expulsion date
- June 14
- Further legal remedy
- Hoque may seek additional compensation before a civil court.
Quotes
Gauhati High Court bench
The bench of Justices Kalyan Rai Surana and Susmita Phukan Khaund hearing the habeas corpus petition
“As the detenue (the woman) has been expelled out of India without providing any information to the petitioner (the woman’s husband) or any adult family member… as an interim palliative measure, the court is inclined to direct the Assam government to pay an interim compensation of Rs 2 lakh to the petitioner”
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