SUPREME COURT ISSUES NOTICE ON SON’S PETITION CHALLENGING ASSAM POLICE’S DETENTION OF MOTHER FOR ‘PUSH BACK’ TO BANGLADESH:

The Supreme Court today issued notice in response to a habeas corpus petition challenging what was described as the “illegal detention” of a woman by Assam Police, amid ongoing reports of widescale deportations to Bangladesh. The petition was filed by the woman's 26-year-old son, who appeared through Senior Advocate Kapil Sibal. A bench comprising Justices Sanjay Karol and Satish Chandra Sharma passed the order after briefly hearing arguments from Sibal.

During the hearing, Sibal pointed out that despite the existence of a bail order and a pending civil appeal before the Supreme Court, the woman was subjected to deportation on the unilateral decision of a police officer. “Here, there is a bail order, civil appeal is pending...and the lady is thrown out. And a Superintendent of Police decides that. Can your lordships imagine?” he contended, questioning the legality and propriety of the action. He emphasized that the civil appeal pending since 2017 challenges the Guwahati High Court’s declaration of the woman as a foreigner.

When the bench considered whether the present habeas petition could be tagged with the pending civil appeal, Sibal objected, highlighting the urgency of the situation. “But in the meantime, she is gone. She’s been thrown out. She’s been sent to Bangladesh!” he exclaimed. Justice Sharma responded, “[But] we can’t call her back...if she’s already not in the country…” Sibal, however, questioned how such a decision could have been made by the Superintendent of Police in defiance of court orders, stressing the lack of clarity around the woman’s whereabouts. “Atleast ask them in the meantime to tell us where she is, the son does not know...if she’s in Bangladesh, that’s another matter,” he urged.

Sibal went on to remind the Court of procedural violations in the case, stating, “Your lordships know she has to be produced within 24 hours...not produced, sent straightaway, picked up from the house...directly in violation of this Court’s order in DK Basu...SP goes to the house, picks her up and throws her...how can that be!?”

After hearing the submissions, the bench agreed to issue notice to the respondents. In addition to seeking the immediate release of his mother, the petitioner has also requested the Court to restrain any “push back” of the detenue, initiate an inquiry against the State of Assam for her arbitrary arrest and detention, and direct both the Union and Assam governments to commence departmental proceedings and award damages.

The petitioner's mother, Monowara Bewa @ Manora Bewa, had been out on bail since December 12, 2019, following the Supreme Court’s order in Supreme Court Legal Services Committee v. Union of India. That order directed the conditional release of detenues held in Assam's Foreigners’ detention camps that had completed over three years in detention. According to the present plea, Monowara was fully complying with all bail conditions. However, on the evening of May 24, she was summoned to the local police station under the pretext of recording a statement. Since then, she has remained in custody and has not been released. The petitioner alleges that despite informing the police that the case was still pending before the Supreme Court, the officials refused to release his mother.