Meghalaya foreign nationals who have completed their prison sentences but remain behind bars in the state are at the centre of a Meghalaya High Court intervention. The state government has informed the court that 28 foreign nationals are still lodged in different jails despite completing their sentences. Authorities have now promised to identify detention or holding centres within a week and begin steps for their repatriation.
High Court seeks action on Meghalaya foreign nationals
The matter came up before a division bench comprising Meghalaya High Court Chief Justice Revati Mohite Dere and Justice W Diengdoh during a hearing on September 11. Additional Advocate General K Khan informed the bench that the government would identify suitable detention or holding centres to accommodate the foreign nationals until arrangements for their return are completed.
The government is also expected to file an affidavit outlining the steps it will take once the centres are identified. The assurance followed the court’s earlier directions seeking clarity on the number of foreign nationals being kept in prison after their sentences had ended.
The development highlights a gap in the state’s arrangements for dealing with foreign prisoners after completion of their criminal sentences. According to the government, Meghalaya does not currently have dedicated detention facilities for such cases, resulting in some individuals continuing to remain in regular jails.
Officials appear before Meghalaya High Court
The latest submission came after senior state officials appeared personally before the court in compliance with its September 9 order. Those present included Commissioner and Secretary of the Home (Political) Department Rosetta Mary Kurbah, Commissioner and Secretary of Home (Prisons) Ryntihlang Rapthap, Inspector General of Prisons Zenith Sangma and Superintendent of Police-cum-Foreigners Registration Officer Vivek Syiem.
The officials assured the bench that necessary steps would be taken to facilitate the repatriation of the foreign nationals in coordination with the embassies of their respective countries.
The government also submitted a list identifying foreign nationals who had remained in custody beyond the completion of their sentences. The court took the list on record.
Earlier proceedings had brought the issue into sharper focus after the court was informed about foreign nationals continuing to remain in Shillong District Jail after their sentences had ended. Reports indicated that 17 such prisoners were found in the Shillong facility alone, while further cases were reported from other jails.
Repatriation process gets legal assistance
The High Court has directed the authorities to ensure that the prisoners receive assistance in completing the formalities necessary for their return to their respective countries.
The Meghalaya State Legal Services Authority has also been asked to assist the inmates with the required procedures. This includes helping them obtain necessary documents and complete Foreigners Registration-related formalities.
The court has paid particular attention to cases involving foreign nationals who have married Indian citizens and have children in India. Authorities have been directed to provide assistance in such cases so that the necessary documentation and repatriation procedures can be completed.
The issue is therefore not limited to deportation alone. It also involves determining nationality, securing travel documents, coordinating with diplomatic missions and addressing individual family circumstances.
Court raises concerns over prolonged detention
The High Court’s intervention comes after serious concerns were raised over keeping individuals in prison after they had completed the sentences imposed by courts.
The court had earlier questioned the continued incarceration of foreign nationals and indicated that detention beyond the prescribed sentence could raise serious legal concerns. The absence of a separate holding facility emerged as one of the reasons for the continued confinement.
The proceedings also put pressure on prison authorities to maintain accurate information about foreign prisoners whose sentences have ended. The court had sought details after discrepancies emerged regarding the number of such inmates.
The latest figure of 28 provides the state with a clear list of cases requiring action. The proposed holding centres are expected to separate post-sentence detention linked to repatriation from ordinary imprisonment.
Meghalaya government faces September 17 deadline
The government has assured the court that it will move quickly on the issue. Identification of suitable detention or holding centres is expected within a week, after which the state will submit details of its action plan.
The case is scheduled to come up for further hearing on September 17. The court is expected to examine the government’s progress on identifying the facilities, completing documentation and coordinating with the concerned embassies.
For the Meghalaya foreign nationals who have already served their sentences, the next steps could determine how quickly they are moved out of regular prisons and placed in appropriate facilities pending repatriation.
The case has also drawn attention to the need for a clear institutional mechanism for handling foreign nationals after their criminal sentences end. With the High Court monitoring the process, the state government now faces the task of ensuring that repatriation procedures are completed efficiently while addressing the legal and family circumstances of those involved.
Meta description: Meghalaya foreign nationals who completed their sentences remain in jails. The High Court has directed action on holding centres and repatriation.
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