38.6c New Delhi, India, Saturday, May 25, 2024
Judiciary

Gauhati HC Directs Assam Govt. to Take Steps to Shift Detention Centre Outside Jail Premises

By Parul Singhal      10 October, 2020 05:43 PM      0 Comments
Gauhati HC Directs Assam Govt. to Take Steps to Shift Detention Centre Outside Jail Premises

A Single Bench of Justice AchintyaMallaBujorBarua of Gauhati HCissued directions to Assam Government to take steps to shift foreigner's detention centers outside the jail premises. 

This direction was passed after noting that a portion of jail premises are notified as centers to detain foreigners or illegal migrants in many places. As per the directions, State Governments are required to set up sufficient numbers of detention centers for restricting the movement of illegal migrants. Such detention centers ate to be set up outside the jail premises. 

The Court Observed, “it does not require any adjudication that the declaration of a part of the jail premises in the aforesaid places( Gopalpura, Kokrajhar, Silchar, Jorhat, Dibrugarh, and Tezpur) are not the complete requirement of the provisions in Bhim Singh and the two aforesaid communications dated 10.09.2014 and 7.03.2014 of the Govt. of India in the Ministry of Home Affairs, Foreigners Division as well as the provisions of clause 4.1 of the model manual for the detention centers”. 

“From the aforesaid, it is discernible that the detention centers must be outside the jail premises and secondly pending any acquisition of land and construction of buildings, the State Govt. may find suitable accommodations for the purpose and if government buildings are not available, the State Government may look for hiring private buildings for the purpose”. The Court noted. 

The Court said that the arrangement continuing in these places for the past 5 to 10 years cannot be regarded as a temporary measure. Therefore, the Court directed the government to take steps in accordance with the SC judgment and MHA guidelines and to file an action taken report by October 16. 

The direction was passed in the petitions filed by Santhanuborthakur, Abantee Dutta, and Dipika sarkar raising the issue as to in what manner the detention centers are required to be operated by the authorities for the purpose of keeping the foreigners and illegal migrants who are waiting for deportation in their place of origin. 

For the petitioner's side N Dutta, Senior Advocate filed the writ, and RKD Choudhary, Senior Government Pleader, and A Gyan for the Union of India. 



Share this article:



Leave a feedback about this
TRENDING NEWS

live-coverage-in-depth-exploration-of-bhartiya-sakshya-adhiniyam-bsa-at-dhcba-lecture-series
Trending Events & Opportunity
LIVE Coverage: In-Depth Exploration of Bhartiya Sakshya Adhiniyam (BSA) at DHCBA Lecture Series [Watch Live]

LIVE Coverage: DHCBA Lecture Series explores the Bhartiya Sakshya Adhiniyam (BSA), 2023 with Justice Bhambhani & Senior Advocate Jayant Mehta. Tune in at 5pm on LawStreet Journal!

24 May, 2024 11:30 AM
bjp-moves-supreme-court-against-calcutta-high-courts-ban-on-derogatory-ads-targeting-tmc
Trending Judiciary
BJP Moves Supreme Court Against Calcutta High Court's Ban on "Derogatory" Ads Targeting TMC

BJP moves Supreme Court against Calcutta High Court order banning "derogatory" ads targeting TMC during Lok Sabha elections, seeks urgent hearing.

24 May, 2024 12:12 PM

TOP STORIES

supreme-court-refuses-to-entertain-plea-for-stay-on-new-criminal-laws
Trending Judiciary
Supreme Court refuses to entertain plea for stay on new criminal laws

SC refuses plea to stay new criminal laws. Court deems the plea casual, noting laws aren't yet implemented. Petitioner withdraws. Laws effective from July 1, 2024.

20 May, 2024 12:58 PM
scba-election-result-2024-know-the-newly-elected-members
Trending Know The Law
SCBA Election Result 2024, Know the newly elected members

SCBA Election Result 2024: Senior Advocate Kapil Sibal elected President. Know the newly elected members and key office bearers leading the Supreme Court Bar Association.

20 May, 2024 03:03 PM
cannot-allow-the-game-of-hide-and-seek-for-committing-murder-of-an-unborn-child-mp-high-court
Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
pune-porsche-hit-and-run-bail-granted-to-17-year-old-in-under-14-hours-asked-to-write-essay
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email