Guwahati News Desk: Gauhati High Court (GHC) has pulled up the Foreigners Tribunal (FT) for arresting a woman and keeping her in detention camp. The High court on Wednesday ordered FT to release her immediately from the detention camp inside the Tezpur jail where she was there since October 19. Notably, the tribunal had declared the woman named Hasina Bhanu to be a legal citizen in 2016 but she was again declared a foreigner in 2021.
After she was declared a foreigner by the tribunal in the state’s Darrang district, she was sent to detention camp. Following her arrest, Bhanu approached the court claiming that she was not an illegal immigrant and also apprised the later of Tribunal’s earlier decision. However, the Assam Border Police which handled her case last time sent her to the same tribunal. She was declared foreigner by the tribunal on March 18,2021 and was sent to the detention camp.
Presiding over the case, Justice N Kotishwar Singh strongly criticize the tribunal’s act and said, “We are unable to understand how the tribunal proceeded to examine the matter”. “We are of the opinion that in view of the decision of the Supreme Court in Abdul Kuddus, the tribunal could not have proceeded with the matter and, as such, the second proceeding would be illegal,” he added.
The judge further said that it was in violation of the provisions of Article 141 of the Constitution, which said the law declared by the Supreme Court “will be binding on every Court and Tribunal”. The court also noted that the tribunal was aware that the petitioner was the same person who was first declared an Indian citizen and hence, the second order cannot be sustained.
“The petitioner despite being an Indian citizen had to face detention in a camp and will now be released,” it added.
