The Patna High Court has asked the Centre to apprise the court of what measures are taken when the native country is not ready to take back illegal migrants. When the amicus curiae informed the Division bench of Justices Shivaji Pandey and Partha Sarthy that illegal migrants are supposed to be kept in detention centres, the court directed the state government to file an affidavit on whether any such Centre has been created by the State Government for illegal migrants.
Two Bangladeshi migrants Ms. Marium Khatoon and Ms. Masumi Khatoon were arrested from Patna Railway station and were kept in a facility called After Care Home in Patna for many years. However, no case was registered against them for being illegal immigrants.
Additional Solicitor General KN Singh stated that a letter has been sent to the Bangladesh embassy for their repatriation but there has been no response. Further, the Additional Advocate General appearing for the state, PK Verma submitted that they are being kept in After Care Home in proper manner and there is no such complaint that they are being kept in very bad manner.
The court ordered that a team of one make and two female advocates be formed to find out the condition of these migrants in the After Care Home by interacting with them. The court warned that during this conversation no official of the care home should be present and if the court is informed of any kind of intervention, contempt proceedings will be initiated against erring officials. “The officials of the After Care Home should not coerce the aforesaid Bangladeshi migrants to give answer in their narrative but, the exchange of view will be without any fear and pressure but, in a fair manner,” the court directed. The court has asked the team to visit the home on April 10 and submit the report within a week in a sealed cover.
The amicus curiae, Ashish Giri submitted that they cannot be kept in the After Care home for a long time and they should be shifted to a Holding Centre or Detention Centre as per the direction of the Central Government. The court directed the state government to file a counter affidavit about creation of a Holding Centres or Detention Centre for the illegal migrants. The court also directed the central government to file an affidavit giving the present status of their interaction with Bangladeshi Embassy for repatriation of the two migrants, and also apprise the court in what manner the issue of illegal migrants is being dealt with where the where the native country is not ready to accept their respective citizen.
The complete order may be read here:
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