Image Courtesy:thehindu.com

The Bihar government has informed the Patna High Court that it will be setting up detention centres outside jail premises. The bench led by Justice Sanjay Karol and also comprising Justice S Kumar perused an affidavit filed by the state government which stated that within the campus of Bihar Institute of Correctional Administration, Hajipur a detention centre has been earmarked under Chapter 2.6 of Model Detention Centre/Holding Centre/Camp Manual, 2019. Bihar Institute of Correctional Administration, Hajipur is a training institute for prison and correctional services officers and employees.

Accordingly, Inspectorate of Prisons and Correctional Services, Patna ordered and intimated for establishment of detention centre within the campus of Bihar Institute of Correctional Administration, Hajipur as temporary detention centre.

The court was informed vide an affidavit filed by the state government, the details about the communications that led to the order to set up the detention centre, the bench however remarked that the affidavit was vague in terms of time frame of setting up the detention centre and whether this temporary detention centre will be equipped with the requisite minimum infrastructure as per Chapter 4 of the Model Detention Centre Manual 2019. The court has thus sought a fresh affidavit to clarify the same.

The court has also asked the state to inform it about the steps taken for sensitising the general populace of Bihar to make them aware of the mechanism in place for identification and deportation of the persons suspected to be illegal migrant, more so from Bangladesh and the fact that such persons are required to be immediately deported for their entry in India and further that their custody is required to be immediately handed over to the Nodal Officer, Government of West Bengal. The court held that deportation of illegal migrants is of paramount importance and in national interest and called for people along border areas to be sensitised for the same, as also associating NGOs to this cause.

The court has also sought to know from the state whether there is any mechanism in place to furnish such information about illegal migrants, online. It also seeks to know whether Authorised Officers under the Foreigners Act, 1946 Act are verifying the record and monitoring the movement of any unauthorised persons or not.

During the hearing held on April 26, the state government had informed the court that the illegal migrants have been housed separately in jail premises itself, to which the court had retorted saying, “Detention Centre cannot be created inside the jail premises, rather it should be created in terms of the instruction given by the Central Government giving detail the manner the State has to create Detention Centre, so it is primary duty to create Detention Centre with that terms.” 

Background

Two Bangladeshi migrants Marium Khatoon @ Mariyam Parveen and Ms. Mausmi Khatoon, were arrested from Patna Railway station a few years ago and have been kept in an After Care Home, without any criminal case being lodged against them.

The court was informed by Additional Solicitor General of India, Dr. KN Singh that a letter had been sent to the Bangladeshi Embassy for their repatriation, but no response was received. While the counsel for the State submitted to the court that the petitioners were being kept in After Care Home called Nari Niketan in proper manner and there is no such complaint that they are being kept in very bad manner, the counsel for the petitioners pointed out that he was not allowed to take Power (power of attorney) from the petitioner. Thus, the court found it necessary to ensure that the petitioners are treated in a good manner and constituted a team of three Advocates; one male Advocate and two female Advocates, to know about the fact that in what manner they are being kept in After Care Home.

The amicus curiae, Ashish Giri, submitted to the court that such illegal migrants cannot be kept in the After Care Home for a longer but, they should be shifted in Holding Centre or Detention Centre. This is where the discourse for detention centres Patna arose and now, as per the government’s order, a temporary detention centre will likely be set up soon.

However, the court has raised its apprehensions on what kind of facilities will these temporary detention centres have, and has sought more information from the government on the matter.

The case will next be heard on September 4.

It is pertinent to note that apart from Assam where there are six functional and at least one more under-construction detention centres for illegal migrants, such facilities are being planned and constructed in Uttar Pradesh, Karnataka and even West Bengal. The state of Maharashtra shot down its plans for setting up a similar facility. 

Detention Centre Manual 2019 released by the Union Ministry of Home Affairs (MHA) gives details on how states should go about setting up detention centres and what facilities should these centres have. However, this document has not been publicly released yet.

The complete order may be read here:

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