GUWAHATI, Feb 17 � Delivering its judgement in the case of Abdul Hakim, a Bangladeshi national who is languishing in the Central Jail, Silchar, for more than 10 months after serving the sentence, the Assam Human Rights Commission (AHRC) has asked the SP (Border) Assam to take an appropriate and immediate step for sending him back.
The Commission, after meticulously scrutinizing the legal provisions relating to the issue, found that the uncertain detention of the person for his deportation was illegal, and the measures required for sending him back were not initiated by the authorities concerned on time.
Considering the fact that one Yahya Khan, a relative of Hakim, has come to India with valid documents to take him back, the Commission has asked the authorities to ensure that Hakim is sent back under the responsibility of Yahya Khan and submit the compliance report to the Commission.
On the other hand, Yahya Khan�s visa is valid only up to February 28, 2015.
The Assam Tribune had reported the case of Hakim (AHRC Case 1170/10/14-15), who had confessed that he was a Bangladeshi national illegally entering India from Karimganj. However, despite serving the sentence of imprisonment under the Foreigners� Act 1946, his deportation process was delayed for an uncertain period, entangled as it was in government formalities.
It was also noticed that several such cases were pending in the absence of a well-laid down mechanism.
�The AHRC case has once again highlighted the complications of the deportation process and vindicated the demand of a proper repatriation treaty with the Government of Bangladesh,� said Dr Aroop J Kalita, chief convener of Axom Jatiya Gana Sangram Parishad, which has been demanding a repatriation treaty between the two countries for effective deportation. �While we often take to the streets demanding expulsion of illegal migrants, we do not have a proper mechanism to deport those who have been identified as illegal foreign infiltrators,� he added.