Gauhati HC tells Assam govt to pay Rs 2 lakh each to kin of two women expelled to Bangladesh
The Gauhati High Court has directed the Assam government to pay interim compensation of Rs 2 lakh each to the families of two women who were declared non-citizens by a foreigners tribunal and sent to Bangladesh without their families being informed or being allowed to exhaust their legal remedies.
In separate orders passed on September 3, a division bench of Justices Kalyan Rai Surana and Susmita Phukan Khaund also impleaded the Ministry of External Affairs (MEA) to facilitate the repatriation of Mumtaz Begum and Jahanara Begum from Bangladesh.
Both women were declared non-citizens by the Foreigners Tribunal in Nagaon’s Juria. Mumtaz’s husband Mujammel Hoque and Jahanara’s son Mujahidul Islam approached the High Court seeking relief.
The court observed that Article 21 of the Constitution, which guarantees protection of life and personal liberty, applies to non-citizens as well as Indians. It said the women had been deprived of the opportunity to challenge the tribunal’s opinions before the High Court.
The court said the Assam government must pay the Rs 2 lakh interim compensation within 60 days of receiving the orders. The amount will be in addition to any compensation the petitioners may seek before a civil court.
The bench directed the MEA to help locate the two women in Bangladesh and bring them back to India so they can pursue their legal remedies against the tribunal orders.
In both cases, the court found that the authorities had failed to provide the women with copies of the tribunal’s opinions or inform adult members of their families about their detention and expulsion.
The court also observed that the actions of the Foreigners Tribunal member in Juria indicated “malice in law”, alleging that certified copies of the orders were deliberately and wilfully delayed, by which time the women had already been sent to Bangladesh.
Mumtaz Begum was declared a foreigner on June 6, 2019. The High Court had set aside that opinion on April 20, 2026, after finding that the tribunal had not properly considered the evidence, and directed her to appear before it again.
She appeared before the tribunal on May 30 with her lawyer and submitted the High Court order. Her husband said that after her lawyer left, police arrested her near the tribunal premises. She was subsequently moved through detention facilities in Assam before being handed over to the BSF on June 13. The High Court recorded that she was sent to Bangladesh shortly after midnight on June 14.
Jahanara Begum was declared a foreigner on June 7, 2019. The High Court had set aside that opinion on April 24, 2026, and ordered a fresh decision after finding that the tribunal had not considered key witness statements.
She appeared before the tribunal on May 29 but her request for an adjournment was rejected. Her son alleged that she was then handed over to border police even before the fresh opinion was made available.
Jahanara was subsequently detained at facilities in Assam and handed over to the BSF on June 13 before being sent to Bangladesh at the same border point.
The High Court described the 24-hour self-removal orders issued in the cases as “farcical”, observing that it was impossible for a woman already in custody at a holding centre to remove herself from India within 24 hours.
The court directed the Assam government to determine when the tribunal’s opinions in both cases were actually prepared.
The matters will next be heard on September 24.
As an interim measure, the court also directed the superintendents of police (Border) in all districts to provide declared non-citizens with a copy of the tribunal’s opinion before taking them into custody and to inform their adult family members before shifting them outside the jurisdiction.
