The Division Bench of the Gauhati High Court, comprising Chief Justice Sandeep Mehta and Justice Soumitra Saikia in the case of Santhanu Borthakur v. The Union of India & 4 Ors. has expressed strong disapproval of the Assam government's decision to convert the Matia Transit Camp in Goalpara district, which houses 'foreigners', into a prison.
The move comes in light of the state's crackdown on child marriages. The court remarked that if the state wants to enhance its prison capacity, it should do so in the place where the prisons are constructed and not convert a detention centre into a prison.
The court was hearing a criminal petition filed by an advocate in 2020 regarding the alleged illegal detention of five people declared as 'foreigners' by the Foreigners Tribunal. The state tried to justify its decision, citing the under-utilisation of the transit camp.
However, the bench stressed that the state should have a separate place for building a prison and cannot compromise an institution meant for persons who are not convicts or offenders.
The matter will be heard today , and the AG sought time to take instructions regarding the averments made in the additional affidavit filed on behalf of the petitioners.
Case Details
Case:- Case No. : W.P.(Crl.)/2/2020
Petitioner:- Santhanu Borthakur
Respondent:- The Union of India & 4 Ors.
Counsel for the Petitioner – Mr. A. Gautam
Counsel for the Respondent - Mr. D. Saikia
Judge: Chief Justice Sandeep Mehta and Justice Soumitra Saikia
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(With input from news agency language)
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