Assam woman sent quietly into Bangladesh by BSF without informing family, after court declared her foreigner; HC awards husband Rs 2 lakh compensation

Gauhati High Court has directed the Assam government to pay Rs 2 lakh as interim compensation to the husband of an Assam woman who was detained and sent to Bangladesh after being declared a foreigner by a foreigners' tribunal.

The court noted that Mumtaz Begum was expelled from India without her husband or any adult family member being informed about her detention. Her husband, Mujammel Hoque, had approached the court seeking relief after she was sent across the international border.



The order came while the court was hearing Hoque's petition. A bench of Justices Kalyan Rai Surana and Susmita Phukan Khaund said the Rs 2 lakh payment would serve as an interim measure.

The court also made it clear that the compensation would not prevent Hoque from seeking further relief through a civil court.

How Mumtaz Begum was sent to Bangladesh

Begum's case had gone through a foreigners' tribunal in Assam. The tribunal declared her a foreigner on May 30 after reconsidering her case following an earlier order of the Gauhati High Court.

The High Court had previously set aside the tribunal's earlier opinion after finding that the evidence submitted by Begum had not been fully considered.

Her case was subsequently reconsidered by the tribunal, which again declared her a foreigner.

Begum was then taken into custody and moved to a detention centre. She was later handed over to the Border Security Force on June 14 and sent to Bangladesh through an international border point in Sribhumi district of Assam.

The court's concern was not only about the declaration of her status but also about the manner in which her detention and removal took place.

Court notes lack of information to family

The High Court observed that Begum was expelled from India without information being provided to her husband or any adult member of her family about her detention.

In its order, the court described the Rs 2 lakh payment as an interim palliative measure in view of the circumstances surrounding her removal.

The court has directed the Assam government to make the payment within 60 days.

The order does not close the matter of compensation for Hoque. He remains free to approach a civil court and seek additional compensation.

What happened before her removal

The foreigners' tribunal had earlier given an opinion against Begum, but the High Court had intervened after finding that the tribunal had not considered all the evidence placed before it.

The case was therefore sent back for reconsideration.

After the tribunal again declared Begum a foreigner on May 30, she was detained and later sent to Bangladesh.

Her husband then moved the Gauhati High Court, raising the issue of her removal and the lack of information given to the family.

The latest order provides him with Rs 2 lakh as interim compensation while keeping open the possibility of a further claim before a civil court.

The case has also drawn attention to the legal procedure that follows when a person is declared a foreigner in Assam. The Gauhati High Court has separately emphasised the need for procedural safeguards, including providing a copy of a foreigners' tribunal opinion before a person is taken into custody.

The court's latest direction means the Assam government will have to pay the Rs 2 lakh amount within 60 days. The payment is not being treated as the final compensation that Hoque may be entitled to claim.

The case therefore remains open to further legal proceedings, with the husband retaining the option of seeking additional relief from a civil court.