Shillong, Sep 10: The Meghalaya High Court today held another hearing into the number of foreign prisoners who have continued to be incarcerated in Meghalaya jails despite serving their sentences.
The state’s position up to this point was that Meghalaya had no detention centres to hold such foreigners prior to their deportation, so they continued to remain in prison. The High Court found this to be completely unsatisfactory, noting that the Supreme Court had earlier described such detention as illegal, and insisted that the state identify potential detention centres.
K Khan, the Additional Advocate General of Meghalaya, today informed the court that, on the instruction of the Commissioner and Secretary of the Home Department, the government will identify such detention or holding centres within one week’s time.
The AAG also sought time to file an affidavit-in-reply setting out the details with respect to the establishment of a detention/holding centre to lodge foreign prisoners who have completed their sentence.
Other officials summoned by the court assured that they would take “all necessary steps” to ensure that the foreign prisoners will be repatriated at the earliest and all such assistance will also be rendered to the prisoners.
Two days ago the court was told that there was only one foreigner, a Bangladeshi, who was in prison beyond the end of his sentence. Yesterday, however, the court found that there were actually 17 in the Shillong District Jail alone and today the AAG clarified that the figure is “about 28” across the state.
Chief Justice Revati Mohite Dere and Justice W Diengdoh said in their order today that they expect the authorities “to render all such assistance, as may be necessary, to the said prisoners lodged in different jails in Meghalaya, for their deportation/repatriation”.
This includes help for any who are married to Indian citizens residing in the country and who have children from such marriages.
The court also issued notice to the Inspector General of Prisons, Zenith Sangma, as to why a show cause notice should not be issued against him for contempt of court for failing to provide the court with information on the number of foreign prisoners who still remain in prison after their sentences have ended.
The case will be heard again on September 17.
