Gauhati High Court seeks affidavit on detention centres in State

STAFF REPORTER

GUWAHATI: The Gauhati High Court has directed the Government of Assam to file a detailed affidavit on issues related to the inmates of various detention centres in the State. At the same time, the High Court has directed the Central Government's counsel to seek necessary instructions and submit information as to whether any directives of the Centre have been violated while setting up and operating these centres.

The court's directives came in connection with several linked petitions which pertain to the reported lack of basic amenities in the various detention centres in Assam, which house a number of declared foreigners and/or convicted foreign nationals. The petitioner have contended that the State Government has failed to ensure proper living conditions in these detention centres, resulting in rampant violation of basic human rights of the detenues.

The petitioners have alleged that many declared foreign nationals, including women and children, have not been released on bail despite having remained in the detention centres for more than three years.

Further, the petitioners' counsel has also contended that conversion of a portion of district jails into detention centres, as has been done in the State, is wholly illegal and in violation of various circulars issued by the Government of India as well as the order of the Supreme Court.

The petitioners' counsel prayed that the court should issue an order directing the release of all the declared foreigners or make immediate arrangements for providing the detenues with suitable accommodation with proper living conditions till such time as the new under-construction detention centre is completed.

While denying the allegation that basic facilities were not available in the detention centres established inside the district jail premises in six districts in Assam, the Government advocate has argued that the State has already taken steps to set up the 'Matia Detention Centre' at Goalpara, construction work for which has been already completed. He said that steps are now being taken to provide necessary manpower to run the detention centre at Matia which, he said, would be able to accommodate more than 3,000 inmates and, therefore, once the facility becomes operational, the basic grievance would automatically stand redressed.

Regarding non-release of declared foreigners/convicted foreigners who have served their sentences, the Government advocate requested that some time be given to collect information from various detention centres for submission before the court. He has, however, stated that there were 177 detenues in the six detention centres (district jails) in Assam as on August 1, 2021 and in the meantime, a number of detenues have either been deported or have already been released on bail upon fulfilment of conditions laid down by the Supreme Court.

Having heard the submissions advanced by the two sides, the court asked the Government advocate to file the desired affidavit on or before March 10.

Also Read:  MHA: FTs in Assam declared 1.43 lakh as foreigners, deported 329

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