The Meghalaya high court has warned authorities that keeping a Bangladeshi national in prison for nearly a year after his sentence ended could amount to illegal detention and may require compensation.
Key Points
- Meghalaya high court pulls up authorities for keeping a Bangladeshi national in prison for over a year after he completed his six-month sentence.
- The man allegedly remained incarcerated because authorities were awaiting confirmation of his nationality from the Bangladesh authorities.
- The inspector general of prisons has been summoned to appear before the court to explain the situation and propose arrangements for the national's release.
The Meghalaya high court has pulled up authorities for keeping a Bangladeshi national in prison for more than a year after he completed his six-month sentence, saying continued detention could amount to illegal confinement and attract compensation.
'Why keep him in jail?'
A division bench comprising Chief Justice Revati Mohite Dere and Justice W Diengdoh was hearing a matter concerning the continued imprisonment of the Bangladeshi national.
The court was informed that the man had completed his six-month sentence nearly a year ago but continued to remain in prison as authorities were awaiting confirmation of his nationality from the assistant high commissioner of Bangladesh.
The bench questioned the justification for keeping him behind bars merely because the nationality verification process had not been completed.
'No response is not justification'
The court said authorities were required to initiate the necessary steps with the Bangladesh assistant high commissioner when the matter first arose.
'We are constrained to observe that if the Bangladeshi national is continued to be kept in prison, we may be constrained to grant compensation to him,' the bench observed in its September 8 order.
'It is obligatory on the part of the authorities to initiate and take steps with the Assistant High Commissioner of Bangladesh when the case was initiated. Just because no response is received from the Commissioner is not a justification to keep someone beyond the prison term,” it said.'
Court calls continued detention 'illegal'
The bench rejected the explanation that the prisoner was still in jail because his nationality had not been verified.
It said that after completion of his sentence, the man 'ought to have been kept in a detention centre having completed his sentence or deported'.
'Detaining the Bangladeshi national beyond his sentence period, amounts to illegal detention of the said national,' the court said.
'Months or years' cannot mean jail
The high court acknowledged that obtaining a response from the Bangladesh authorities could take months or even years.
But such administrative delay, it made clear, could not be a reason to keep a person in prison after his sentence had ended.
'It may take months/years for the prison authorities to get a response from the Bangladesh Assistant High Commissioner, however, that does not mean that the prisoner has to continue languishing in jail despite having completed his sentence,' the bench said.
Prisons chief summoned
Taking note of the matter, the court directed the inspector general of prisons to remain personally present before it.
The officer was asked to inform the court about the arrangements proposed for the Bangladeshi national after his release.
The bench noted that the prisoner had completed his sentence 'almost a year ago' and sought clarity on why he was still being kept in prison.
Feature Presentation: Rajesh Alva/Rediff
