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The Supreme Court on Monday issued notice on a habeas corpus petition filed by a 26-year-old man alleging that Assam Police illegally detained his mother amid reports of widescale deportation to Bangladesh.
The order was passed by the Bench of Justice Sanjay Karol and Justice Satish Chandra Sharma after hearing arguments of Senior Advocate Kapil Sibal.
Appearing for the petitioner, Sibal contended that a civil appeal challenging Guwahati High Court’s order, which upheld the woman’s declaration as a foreigner, was pending before the Supreme Court since 2017.
He alleged that while the civil appeal was pending, the Superintendent of Police decided to throw the woman out of the country.
Initially, the Apex Court had expressed it’s inclination to tag the present case with the pending appeal.
When Sibal said the woman has been sent to Bangladesh, the Apex Court said it could not call her back.
The Senior Counsel questioned how the SP could have flouted the Court’s order in the DK Basu case. He further said the petitioner did not know for sure whether his mother was still in the country or had been deported to Bangladesh.
Sibal prayed to the Court to ask the police whether the woman has been deported or not.
The Senior Counsel pointed out that the woman should be produced within 24 hours.
The top court of the country then issued notice to the respondents.
The petitioner further sought a direction for restraining “push back” of the detenue and initiating an inquiry against the State of Assam for the arbitrary arrest and detention.
The plea also prayed for direction to the Centre and the State of Assam to initiate departmental proceedings and imposition of damages.
As per the plea, detenue Monowara Bewa alias Manora Bewa was on bail since December 12, 2019 after the Apex Court order in the Supreme Court Legal Services Committee vs Union Of India.
In the Supreme Court Legal Services Committee vs Union Of India, the top court of the country had directed release of detenues in Foreigners’ detention camp in Assam, who had completed more than three years in detention, subject to certain conditions.
The plea contended that while the detenue was complying with all bail conditions, on the evening of May 24, she was called to a police station on the pretext of recording a statement. Since then, she has remained in detention.
The plea submitted that the petitioner tried to explain to the police officials that the matter was pending before the Supreme Court, yet they refused to release the detenue.
This article first appeared on India Legal
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