The court has set October 16 to consider the action report to be submitted by the state government.
Guwahati:
Assam’s prison premises cannot be used as “permanent” detention centers to house illegal aliens, the Gauhati High Court said on Wednesday, ordering the state government to seek separate accommodation for this purpose.
The court passed an order rejecting the state government’s argument to rely on a 2018 communication from the Union Home Office to declare part of the prison premises as detention centers.
> Justice Achintya Malla Bujor Barua said upon hearing a series of petitions.
It can be seen that more than 10 years have passed since part of the premises of Goalpara, Kokrajhar and Silchar prison was declared a detention center. A period of more than 10 years certainly cannot be considered a temporary arrangement. Even for Jorhat, Dibrugarh and Tezpur, a period of five years has almost passed, which also cannot be strictly considered a temporary arrangement. In view of this aspect, it cannot be admitted that the respondents (the government) can still rely on the fact that it would be authorized to declare part of the prison premises as being detention centers ”, the order indicates. of the Court.
The court ordered the government to report on action taken within 10 days regarding the rental of suitable accommodation for this purpose.
Assam has six detention centers that are housed in prisons, where people declared and convicted as foreigners by the foreigners courts in Assam are held.
In March, the center informed Lok Sabha that no less than 3,331 people had been accommodated in the six detention centers in Assam, while another such facility in Matia, Goalpara, with a capacity of 3 000 people, is under construction in the state.
The six detention centers are in Tezpur (797 people), Silchar (479), Dibrugarh (680), Jorhat (670), Kokrajhar (335) and Goalpara (370) people.
So far, 30 people have died while in the Assam detention center.
Citing an order from the Supreme Court and subsequent instructions from the Union Home Office, the High Court said the state should set up enough detention centers outside the prison premises and that those – they must have basic electricity, water and hygiene facilities as well as security.
“In addition, it is required that these detention centers, detention centers or camps be installed outside the premises of the prison. The State Government must also ensure that the places where they are held have basic facilities for electricity, water and sanitation, etc. and that there is proper security in those places, ”the order added.
To date, the Assam government has yet to make the dedicated detention center that has been set up in Matia in Goalpara operational.
“… If suitable suitable accommodation is not available and the acquisition of land and buildings is in progress for the purpose of setting up the detention centers, the state government may rent suitable buildings. for the establishment of detention centers, “added the court.
The court has set October 16 to consider the action report to be submitted by the state government.
