Sentence over, still in jail: Meghalaya High Court flags 28 foreign nationals’ detention

“We expect all the authorities, including the Member Secretary, Meghalaya State Legal Services Authority to render all such assistance, as may be necessary to the said prisoners lodged in different jails in Meghalaya, for their deportation/repatriation, including applying to the FRO office, wherever necessary i.e., in cases where the prisoners are married to Indian citizens, who are residing in India and have children from the said marriage,” the court said on September 10.

The proceedings followed an earlier order dated September 9, pursuant to which the state told the court that it would identify detention or holding centres for foreign prisoners who had already completed their sentences. The state also sought time to file an affidavit detailing the establishment of such a centre and the steps that would be taken after the centres were identified.

Chief Justice Revati Mohite Dere and Justice W. Diengdoh directed authorities to facilitate the deportation or repatriation of foreign nationals lodged in different Meghalaya jails. (Image enhanced using AI)

State promises steps for repatriation

The court said that several senior Meghalaya government and prison officials were personally present before the bench. They included Rosetta Mary Kurbah, Commissioner and Secretary, Home (Political) Department; Ryntihlang Rapthap, Commissioner and Secretary, Home (Prisons and Correctional Services) Department; Zenith Sangma, Inspector General of Prisons; and Vivek Syiem, Superintendent of Police-cum-Foreigners Registration Officer.

“Since the aforesaid information with respect to Foreign Nationals overstaying in jails, despite having completed their sentence, was not provided to us,” the court said. It added that it deemed it appropriate to issue notice to IG, Prisons as to why a show-cause notice should not be issued against him under the Contempt of Courts Act. The court, however, made it clear that the notice being issued was not itself a notice under the Contempt of Courts Act.

The officials assured the court that all necessary steps would be taken to ensure that foreign prisoners presently in jails are repatriated at the earliest. They also assured the bench that assistance would be provided to the prisoners and that the matter would be taken up with the embassies concerned.

The court’s direction comes as the state works out separate arrangements for foreign nationals who have completed their prison sentences but are still in jails. The order records the state’s undertaking to identify detention or holding centres and set out the subsequent steps in an affidavit.

Court receives list of foreign nationals in jails

During the hearing, the state submitted a list of foreign nationals who were overstaying in various jails across Meghalaya. The court noted that the number was “about 28, except the prisoner at serial number 18”. The list was taken on record by the court.

The court also expected all authorities concerned, including the Member Secretary of the Meghalaya State Legal Services Authority, to provide whatever assistance may be necessary to the prisoners lodged in different jails for their deportation or repatriation.

Court flags cases involving Indian spouses, children

The court’s directions also specifically address cases where foreign prisoners have family ties in India.
It said assistance should include applying to the ‘Foreigners Registration Officer’s’ office wherever necessary in cases where prisoners are married to Indian citizens residing in India and have children from those marriages.

The court noted that information about foreign nationals overstaying in jails despite having completed their sentences had not been provided to the bench earlier. The state, meanwhile, sought time to place its proposed arrangements and further steps on record.