Gauhati High Court orders Assam to pay compensation for woman's deportation

The Gauhati High Court has ordered the Assam government to pay ₹2 lakh in interim compensation to the husband of Mumtaz Begum, a Bengali-speaking Muslim woman who was deported to Bangladesh. This ruling marks the first instance of a court imposing financial costs on the state for expelling an individual in violation of established deportation procedures.

The court's decision follows a habeas corpus petition filed by Begum’s husband, Mujammel Hoque, after he discovered his wife had been removed from a detention centre in Goalpara district without the family being notified. The bench, comprising Justices Kalyan Rai Surana and Susmita Phukan Khaund, noted that the Nagaon foreigners tribunal had declared Begum a foreign national in 2019, but the high court found that the tribunal had failed to consider all submitted evidence.

The court criticized the tribunal's actions, stating that “the element of malice in law on part of the learned tribunal is apparent on the face of record.” The high court has also impleaded the Ministry of External Affairs, directing it to attempt to locate Begum in Bangladesh and facilitate her return to India. The ₹2 lakh compensation must be paid within 60 days, though the petitioner remains free to seek further relief through civil court.