Institute of Legal and Management Studies

The Supreme Court will hear on Monday (June 2) a habeas corpus petition over the alleged detention of a lady by Assam Police amidst allegations of overnight deportation of individuals to the Bangladesh border.

Senior Advocate Shoeb Alam, appearing for the petitioner, made an urgent mention before the bench of CJI BR Gavai and Justice AG Masih.

Alam stressed that the present habeas corpus petition has been filed by the 26-year-old son, Iunuch (Yunus), on behalf of the lady who has been detained in a police station in Assam.

The petitioner has sought (1) the release of the detenue; (2) direction for restraining the “push back” of the detenue; (3) inquiry against State of Assame for the arbitrary arrest and detention; (4) direction to Union and Assam Government for initiating departmental proceedings and imposition of damages.

He emphasised that there is apprehension of illegal deportation, which is occurring widely in the State. The officials are picking and deporting individuals to Bangladesh overnight, all while their cases are still pending before the Apex Court in the Assam Foreigner Tribunal Matter. Alam said :

"There is an SLP filed by a lady in 2017, notices have been issued, etc in the Assam Foreigners Tribunal Matter. What is happening is- they are picking up people and deporting them while their proceedings are pending before this Court. Now the habeas corpus is by the son on behalf of his mother.

24th May the mother is called to the police station and detained, we don't know where she is- my fear is this- there are several videos circulating, overnight they are picking and pushing people across the border into Bangladesh."

The counsel was referring to the challenge against the decision of the Gauhati High Court, which upheld the Foreign Tribunal's order declaring the detenue to be a foreigner. The challenge has been pending before the Supreme Court since 2017.

The bench agreed to list the matter on Monday. Liberty was granted to serve as the standing counsel of the State of Assam.

Background

The detenue Monowara Bewa @ Manora Bewa was on bail since December 12, 2019 after the order of the Supreme Court in Supreme Court Legal Services Committee Vs. Union Of India.

In the said order, the Court had directed the release of detenues in the Foreigners' detention camp in Assam, who have completed more than three years in detention, subject to certain conditions.

The plea states that while the detenue was complying with all the bail conditions, on the evening of May 24, she was called to the police station on the pretext of recording a statement.

"Since then the petitioner's mother has been in detention and not been released.", the plea stated further.

As per the petition, when the petitioner, son of the detenue, went to the police station the next morning, to explain that their matter is still pending before the Supreme Court, the officials refused to release the detenue.

The following reliefs are sought :

a) Issued a writ of , or in the nature of habeas corpus for release of the Petitioner's mother /detenue i.e Monowara Bewa @ Manora Bewa) D/O- Late Kashem Ali Shaikh who has been detained unlawfully at P.S Dhubri, Assam, and to release her forthwith;

b) Issue writ, order or direction of prohibition restraining the “push back” of the detenue (Monowara Bewa @ Manora Bewa) from the borders of the State of Assam or the State of West Bengal or any other State;

c) Initiate appropriate proceedings of inquiry or otherwise against Respondent No.2 State of Assam for arbitrary arrest and detention of the detenue and for violating the majesty and dignity of the Supreme Court of India;

d) Direct the Respondents No.1 and 2 for initiation of departmental proceedings, imposing damages, as well as for initiation of contempt proceedings against the respondents no. 4 and 5 for breaching the directions passed by this Hon'ble Court in Arnesh Kumar v. State of Bihar and for breaching the directions contained in DK Basu v. West Bengal, for illegally arresting the Petitioner's mother/ detenue.

The petition was filed through AOR Talha Abdul Rehman.

Case Details: IUNUCH ALI v. UNION OF INDIA & ORS.