Guwahati: The Gauhati High Court has directed the Assam government to pay ₹2 lakh as interim compensation to the husband of Mumtaz Begum, who was allegedly deported to Bangladesh without being given an adequate opportunity to challenge the decision of a Foreigners Tribunal.
A division bench comprising Justice Kalyan Rai Surana and Justice Sushmita Phukan Khaund expressed serious concern over the manner in which the proceedings against Mumtaz Begum were handled.
According to the court proceedings, the Nagaon Foreigners Tribunal had declared Mumtaz Begum a foreigner. However, the High Court observed that she was not given a proper opportunity to obtain the tribunal’s order and challenge it through legal means before being deported.
The court noted that Mumtaz appeared before the tribunal on May 30, 2026, following an earlier direction to reconsider her documents. She was subsequently taken into custody and later sent across the India-Bangladesh border without her family being properly informed, according to the proceedings.
The High Court questioned the delay in providing a copy of the tribunal’s order, observing that the circumstances appeared to indicate “malice in law” and a failure to follow due legal procedure.
MEA Asked to Take Steps to Bring Her Back
The High Court has also brought the Ministry of External Affairs (MEA) into the case and directed it to take necessary steps to trace Mumtaz Begum in Bangladesh and facilitate her return to India.
The court said this was necessary so that she could exercise her legal rights and challenge the proceedings concerning her citizenship status.
Probe Ordered Into Tribunal Order
The court has further directed Assam’s Home and Political Department to investigate when the Foreigners Tribunal’s May 30 order was actually prepared.
The bench observed that, if necessary, the computer used by the tribunal member could be seized to determine when the opinion or order was prepared.
Directions for Future Deportation Proceedings
The Gauhati High Court has also issued directions concerning the detention and deportation of persons declared foreigners by Foreigners Tribunals.
The court made it clear that before a person is taken into custody following a declaration of foreigner status, the person must be provided with a copy of the tribunal’s order. An adult member of the person’s family must also be informed.
The case has raised significant questions about due process, access to legal remedies and the procedures that must be followed before a person declared a foreigner is deported from India.
The court’s observations, however, do not by themselves finally establish Mumtaz Begum’s citizenship status. The central issue before the court concerns whether the prescribed legal procedure and her right to challenge the tribunal’s decision were properly followed.
