HC questions Assam government on woman sent to Bangladesh

The Gauhati High Court has been intensively reviewing the events surrounding the deportation of Nagaon resident, Mumtaz Begum, to Bangladesh, cautioning the Assam government that it would consider the Foreigners' Tribunal's May 30 opinion declaring her a foreigner as "not ready" if the state cannot provide a clear timeline of when it was finalized.

In its recent order on October 7, the court noted that the Ministry of External Affairs (MEA) had submitted that an inquiry into Mumtaz's current location was ongoing and required more time. TOI had previously reported that Bangladesh's Home Ministry initiated a search for Mumtaz following a report from the newspaper in late September.

The court emphasized that, as of her removal from the country, Mumtaz was deprived of a "reasonable opportunity" to contest the tribunal's opinion. The Gauhati High Court had previously overturned an earlier declaration of Mumtaz as a foreigner, ordering a reassessment of her case. Her son, Momruz Ali, contested Assam Chief Minister Himanta Biswa Sarma's claim that she was safe and in regular contact, revealing to TOI that his family was unaware of her whereabouts, causing significant distress.

The legal proceedings began in April when the Gauhati High Court overturned an earlier Foreigners' Tribunal opinion and ordered a fresh examination of the case. Mumtaz appeared before the tribunal once more on May 30, the same date as the fresh opinion, and was subsequently detained. The court is currently assessing whether the tribunal's opinion was indeed prepared before any actions were taken.

According to the recorded timeline, Mumtaz was subsequently transferred to holding facilities in Assam and subsequently handed over to the Border Security Force (BSF) on June 13. The BSF informed the court that Mumtaz was "sent back to Bangladesh" early on June 14 from the Kalaincherra area in Cachar. Her current location remains unknown to her family since her deportation, as per her son.

Mumtaz is not the only woman from Nagaon reported missing following such an expulsion. Another woman, Jahanara Begum, whose case is also pending in the Gauhati High Court, has also gone missing under similar circumstances. Both cases were heard together by the high court.