Gauhati HC seeks report on implementation of MHA guidelines at detention centres in Assam

With the Assam government yet to have dedicated detention centres for declared foreigners awaiting deportation, Gauhati High Court on Thursday asked the state government to submit an action taken report about the implementation of the MHA guidelines issued following a directive of the Supreme Court in 2012.

A bench of Justice Achintya Malla Bujor Barua, while acting on a petition filed by Guwahati-based lawyer Shantanu Borthakur, asked the state government to submit the action taken report by October 16. The petitioner sought to know the manner in which detention centres are meant to be run.

Abantee Dutta and Dipika Sarkar of Guwahati had also filed similar petitions earlier.

The petition said that the Supreme Court, in its judgment in the Bhim Singh Vs Union of India case in 2012, had pronounced that detenues be kept at an appropriate place with basic facilities of electricity, water and hygiene. In compliance with the directive of the apex court, the Ministry of Home Affairs in March 2012 had asked all states to release such persons from jails immediately and keep them at an appropriate place outside jail premises. In another order, the MHA, in September 2014, asked all states and UTs to set up sufficient numbers of detention centres with basic amenities.

It also said that, in case of pending land acquisition and lack of government buildings to keep such persons, the government may hire private buildings for the accommodation of such detenues.

But the petitions informed the court that jail premises in Goalpara, Kokrajhar, Jorhat, Silchar, Dibrugarh and Tezpur had been declared detention centres by the authorities as temporary measures, as per another order of the MHA.

"In the instant case, part of the jail premises in Silchar and Kokrajhar in April 2010, in Jorhat, Dibrugarh and Tezpur in September 2015 and in Goalpara jail premises on December 1, 2019. It is discernible that more than 10 years have gone by since a part of the jail premises in Kokrajhar and Silchar had been declared to be detention centres. Certainly, a period of more than 10 years can not be understood to be a temporary arrangement. Even in respect of Jorhat, Dibrugarh and Tezpur, a period of five years is over, which also again can not be strictly said to be a temporary arrangement," said the HC order.

"Considering the said aspect, it can not be accepted that the respondents can still rely upon the communication dated 07-09-2018 to project the case that it would be permissible to declare a part of the jail premises to be detention centres," it said.

The Centre, in March this year, said more than 900 "declared foreigners" were lodged in six detention camps inside jail premises in Assam. But many of them have been granted conditional bail in view of the coronavirus pandemic and court orders. Assam government is constructing a dedicated detention centre in Goalpara but the work was affected due to the pandemic.