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Detention centres for illegal immigrants should be outside jails, says Gauhati high court
The court was acting on several petitions on the manner in which detention centres are to be operated in Assam to house illegal immigrants awaiting deportation or adjudication of their claims as Indian citizens
Criticising the Assam government for flouting Supreme Court directives regarding detention centres for illegal immigrants, the Gauhati high court has held that those should be outside jails.
In an order issued on Wednesday, Justice Achintya Malla Bujor Barua stated that pending repatriation, illegal immigrants can’t be confined in prisons and deprived of basic human rights and dignity.
The court was acting on several petitions on the manner in which detention centres are to be operated in Assam to house illegal immigrants awaiting deportation or adjudication of their claims as Indian citizens.
At present, there are six detention centres inside jails in Goalpara, Kokrajhar, Tezpur, Silchar, Jorhat and Dibrugarh in Assam. The state government had informed the assembly in August this year that there are 425 detainees in these centres.
A separate detention centre with a capacity to house over 3,000 is being built in Goalpara district.
Citing an earlier Supreme Court order, the court held that state governments should set up sufficient number of detention centres outside jail premises and ensure that these places have adequate electricity, water, hygiene and security.
“It is noted that even the model manual for detention centres provides that the detention centres be set up outside jail premises. If suitable accommodations are not available, the state government may look for hiring of private buildings for the purpose,” the order read.
The court held that a communication by Centre to Assam government in 2018 allowing earmarking of a specific area inside jail premises to house illegal immigrants does not hold water as the move was allowed only as a temporary measure and not for long duration.
“It is discernible that more than 10 years have gone by, since a part of the jail premises in Goalpara, Kokrajhar and Silchar had been declared to be detention centres. Certainly a period of over 10 years cannot be understood to be a temporary arrangement. Even in the respect of Jorhat, Dibrugarh and Tezpur, a period of 5 years is almost over which also cannot be strictly said to be a temporary arrangement,” the court held.
“Considering the said aspect, it cannot be accepted that the respondents can still rely upon the communication dated 7/9/2018 to project the case that it would be permissible to declare a part of the jail premises to be detention centres,” it added.
The court directed the state government to submit an action taken report within October 16, the next date of hearing, on the steps that have been taken to set up detention centres outside jail premises.
