Gauhati HC Directs Centre and Assam Government to Locate Woman Deported to Bangladesh
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In a significant judicial intervention raising sharp questions about border management procedures, the Gauhati High Court has formally ordered both the Central and Assam state governments to trace and determine the precise whereabouts of Mumtaz Begum, a woman summarily deported to Bangladesh earlier this year. A division bench comprising Justice Kalyan Rai Surana and Justice Pranjal Das issued strict directives to the Ministry of External Affairs (MEA) and the Assam state home administration to initiate coordinated diplomatic and investigative steps before the upcoming hearing on November 6, 2026. Taking strong exception to administrative lapses, the court noted that the woman was neither served an official certified copy of the Foreigners Tribunal’s ruling nor granted a fair statutory window to seek appellate relief before higher judicial forums prior to deportation.
Procedural Violations Flagged in Habeas Corpus Plea: No Copy of Order Given
The legal proceedings stem from a criminal habeas corpus petition [WP(Crl.)/26/2026] initiated by Mumtaz’s husband, Muzammel Haque, challenging her sudden removal from Indian territory:
Denial of Statutory Recourse: The division bench highlighted that executing an immediate physical expulsion without furnishing the final adverse order stripped the petitioner of her basic legal right to petition superior constitutional courts.
Affidavits Demanded Before November 6: While counsel representing the Foreigners Tribunal and Assam border police requested additional leeway to submit detailed inquiry findings, the bench fixed November 6 as the firm cut-off for filing sworn compliance affidavits.
Diplomatic Tracing Underway: The Ministry of External Affairs informed the court that diplomatic efforts and field inquiries have been set into motion to pinpoint her location across the international border, seeking formal time to obtain confirmed consular responses.
Chronology of the Case: From Remand Order to Detention Camp Arrest
Court filings document an intricate administrative timeline surrounding the resident of Dhing village in Assam’s Nagaon district:
Initial Ex-Parte Finding Overturned: The Foreigners Tribunal originally declared Mumtaz Begum a foreigner on June 6, 2019, but on April 20, 2026, the Gauhati High Court set aside that ruling on grounds of overlooked material evidence, remanding the matter back to the tribunal and instructing her to present herself by May 30, 2026.
Detention from Tribunal Premises: In accordance with the remand directions, Mumtaz appeared before the local tribunal alongside her advocate on May 30 to submit the High Court’s order; however, moments after her lawyer exited the premises, local police detained her directly on site.
Confinement at Matia Transit Camp: Following her apprehension, she was moved straight to the Matia transit camp situated in Goalpara district, completely bypassing standard post-verdict notice periods.
Midnight Border Pushback: Transfer via Sribhumi and Handover to BSF
The habeas corpus petition lays out the sequence of inter-district transfers that ultimately resulted in her deportation:
Movement to Sribhumi Holding Centre: On June 3, 2026, authorities transferred Mumtaz from Goalpara to a dedicated holding facility in Sribhumi (Karimganj border zone) under heavy security escort.
Handover to Border Security Force: Following ten days of custodial isolation at the border holding facility, state police handed her over to Border Security Force (BSF) field units on June 13, 2026, after which she was sent across the border into Bangladesh.
Judicial Scrutiny of Standard Operating Procedures: With the High Court actively demanding accountability from the Union external affairs apparatus, the case has cast an intense spotlight on deportation compliance frameworks governing declared foreigners awaiting legitimate appellate challenges.
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