GUWAHATI | The Gauhati High Court has directed the Assam government to pay Rs 2 lakh as interim compensation to Mumtaz Begum, who was allegedly expelled to Bangladesh without being given an opportunity to challenge a Foreigners Tribunal order declaring her a foreign national.

A Division Bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund passed the order while hearing a habeas corpus petition filed by Begum’s family. The family came to know that Begum had been pushed into Bangladesh only after approaching the High Court with the petition, according to the case proceedings.

The court expressed serious concern over the manner in which the Nagaon Foreigners Tribunal dealt with Begum’s case and observed that “malice in law” appeared to be evident from the record.

The tribunal had declared Begum a foreigner on May 30 after she appeared before it following an earlier High Court direction to reconsider her case. The High Court had previously found that the tribunal had failed to consider all the evidence submitted by her.

The Bench noted that Begum was not informed about the May 30 order and was arrested shortly afterwards, leaving her without an opportunity to challenge the decision.

It also questioned discrepancies in the accounts provided by the tribunal judge and police regarding the timing and circumstances of her arrest.

The court held that the procedure followed amounted to a “direct violation” of the standard operating procedure governing the deportation of declared foreign nationals, under which a person must be allowed to exhaust available legal remedies before being expelled.

The Bench said the state machinery had effectively prevented Begum from exercising her right to approach the High Court against the tribunal’s order.

It accordingly directed the Assam government to pay her Rs 2 lakh as interim compensation. Court orders inquiry into tribunal order

The High Court also directed the Home and Political Department to inquire into when the Foreigners Tribunal’s May 30 order was prepared. If required, the tribunal member’s computer may be seized to establish the date and time when the opinion was prepared, the Bench said.

The court further directed district Superintendents of Police to ensure that declared foreign nationals are informed about tribunal orders before being taken into custody. An adult member of the person’s family must also be informed before the individual is removed from the district, it directed.