Shillong: The Meghalaya High Court slammed state authorities for leaving foreign nationals in jail long after their sentences ended. Chief Justice Revati Mohite Dere and Justice Wanlura Diengdoh ruled on October 8 that this practice violates the constitutional right to life and liberty. The bench noted that some detainees sat behind bars for over a decade past their release dates, while others languished for one to five years.
Authorities knew the end dates for these prison terms months in advance. The court stated that failing to plan repatriation “prima facie is nothing but dereliction of duty resulting in further delay in repatriating these foreign nationals to their countries of origin.” Judges dismissed state arguments relying on the Immigration and Foreigners Act of 2025 and the 2026 Deportation Manual, insisting that post-sentence holding periods must remain reasonable.
Senior advocate A.S. Dey reported that five Bangladeshi nationals were set for deportation on October 8 or 9. Another detainee moved to the state’s newly designated permanent holding center. Six others left the country on September 30. Roughly 20 people remain in the facility, including one Bangladeshi woman. The court also ordered the immediate return of a 14-year-old boy to his mother in Bangladesh. The child had been living in a local children’s home simply because his father was jailed in Shillong.
The State denied liability for compensation, claiming initial custody was lawful. However, the bench pushed back. Judges ordered officials to collect bank account details for all current detainees and those already deported. The court mandated the creation of new standard operating procedures to ensure deportation paperwork starts before sentences conclude. The case returns to the docket on October 29, 2026.
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