A Single Judge Bench of the Gauhati High Court comprising Justice Kalyan Rai Surana has granted a time of 45 days to the State to complete the construction of the proposed detention centre and to shift the detenues to the said centre. (Santhano Borthakur v. State of Assam)
“The does not find the prayer of the learned Advocate General to be unreasonable, the Court is inclined to grant 45 (forty-five) days time as prayed to the State as to complete the construction of the proposed detention centre and to shift the detenues to the said centre.”
Facts of the Case
The state of Assam is constructing a detention centre at Matia, Goalpara, which would be completed by September 2021. The petition filed a petition for raising the issue as to the manner in which the detention centers are required to be operated for the purpose of keeping the foreigners/illegal migrants and others who are awaiting deportation to the countries of their origin or waiting for an adjudication of their respective claim.
Judgment of the Court
The learned Advocate General urged the Court for allowing six weeks time for the State to complete the construction of the proposed detention centre and to shift the detenues of the various detention centers in the proposed detention centre, now under construction at Matia, Goalpara.
The learned Advocate General has also submitted that as per the statement made in the affidavit filed on 08.04.2021, there were a total 333 numbers of detenues in various detention centers of the State, but at present, there are about 177 detenues in various detention centers. It is also submitted that the majority of those remaining detenues have not been able to provide the necessary documents, which the State is presently insisting on releasing the said detenues.
The Court considered the Advocate General prayer and held that the Court does not find the prayer of the learned Advocate General to be unreasonable, the Court is inclined to grant 45 (forty-five) days time as prayed to the State as to complete the construction of the proposed detention centre.
Therefore, the Court listed the matter on 30.09.2021. for the next hearing and directed the Advocate General to file an updated status report at the end of 45 days.
Case Details
Case No. : W.P.(Crl.)/2/2020
Petitioner – SANTANU BORTHAKUR
Respondent – State of Assam & Ors.
Judge: Justice Kalyan Rai Surana
Read Order ;
SOURCE ; www.latestlaws.com
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