Shillong: The High Court of Meghalaya ordered the release of Nigerian national Godfrey Albert Decker from Shillong Jail. A division bench comprising Chief Justice Revati Mohite Dere and Justice W Diengdoh issued the order after determining that detention cannot continue indefinitely once a prison term ends. Decker finished his sentence on August 18.
Aruna Phanbuh, the wife of the detainee, filed the habeas corpus petition. She married Decker in 2012 and the couple has two children, aged 13 and three. Police registered an FIR against him in June 2012 under Section 14 of the Foreigners Act, 1946, along with Sections 468 and 471 of the IPC. A trial court acquitted him of the IPC charges in 2018 but convicted him under the Foreigners Act. He received a one month sentence and a Rs 5,000 fine.
Legal battles followed. The Additional Sessions Judge dismissed his appeal in 2019. A Single Judge later dismissed his revision petition on July 28, 2026. Decker then surrendered to authorities. Counsel argued he could not secure a visa because the trial court held his passport. The State admitted the sentence was served but claimed deportation procedures were ongoing.
The court demanded his immediate release. It requires Aruna Phanbuh to furnish Rs 25,000 as security. Decker must check in at Nongthymmai Police Station every alternate day. The bench stated, "a person cannot be detained indefinitely after serving the sentence." The court listed the case for further hearing on October 15, 2026.
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