Guwahati: The Gauhati High Court ordered the Assam government to pay Rs 2 lakh in interim compensation to Mumtaz Begum. The Bengali-origin woman was shoved into Bangladesh despite having a legal right to challenge her status. Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund issued the order after reviewing a habeas corpus petition from her family. They caught wind of her expulsion only after filing the court challenge.
The Nagaon Foreigners Tribunal declared Begum a foreign national on May 30. This followed a previous High Court order that told the tribunal to re-examine her evidence. The tribunal ignored that evidence. Judges labeled the tribunal’s actions as having clear malice in law. Officials arrested Begum almost immediately after the May 30 ruling. They never told her about the order. She had no chance to fight back.
The court slammed the state for breaking standard operating procedures. The rules require the state to wait until all legal options are gone before dumping someone across the border. The Bench stated the procedure followed was a "direct violation" of established norms. State authorities blocked her access to the court system entirely.
The High Court ordered the Home and Political Department to investigate the exact timing of the tribunal order. The probe may involve seizing the computer of the tribunal member to check when the document was actually written. Going forward, Superintendents of Police must notify individuals of their status before any arrest. They must also alert a family member before anyone is removed from the district.
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