Meghalaya HC flags 17 foreign nationals held in jail after sentence ends

The Meghalaya High Court has found that 17 foreign nationals remain lodged in the Shillong District Jail even after completing their sentences, with the state citing the absence of detention centres as the reason for their continued incarceration.

Fifteen of the prisoners are Bangladeshi nationals, one is from Myanmar and one is Nigerian. A team deputed by the court visited the jail and examined the conditions of the inmates as well as whether they were receiving the facilities and legal aid due to them.

The team found that the Myanmar national had been behind bars for over ten years, while the Nigerian and Bangladeshi prisoners had spent between six months and a couple of years beyond their terms.

The matter came up during a hearing on a writ petition filed by the court's Registrar General. A Division Bench of Chief Justice Revati Mohite Dere and Justice Wanlura Diengdoh took exception to a letter dated August 28 from Additional Advocate General Khalid Khan, which the court described as completely misleading and incorrect regarding the condition of the prisons and the prisoners.

During the hearing, amicus curiae T. Yangi B. said her prison visits had revealed 11 prisoners who had completed their sentences in three other jails across Meghalaya. She added that she could not confirm whether those prisoners were foreign nationals or Indians.

The Inspector General of Prisons told the court that the foreign nationals had been kept in jail beyond their sentence periods because Meghalaya has no detention centres. The court observed that such prisoners should have been moved to a temporary facility once their terms ended, as required by law, and directed the Additional Advocate General to seek instructions on how soon a location could be designated as a detention centre until a permanent one is set up.

The Bench said it could not accept people being incarcerated despite having completed their sentences, and noted that the question of compensation for those held beyond their terms would be considered at an appropriate stage.