Teesha
The Patna High Court warned contempt proceedings against officials who are found to be unresponsive and non-cooperative with court proceedings.
The warning came while observing that the Home Ministry’s duty to provide proper response on the query of the court, regarding the treatment of foreign nationals was not being handled.
The development came after the Court was informed by the Centre that the official of the Home Ministry was “not responsive” to the query of the Court.
The Court in April 2021, directed the Union of India to file an affidavit stating details of their present status of repatriation to their native place and also address the issue of illegal immigrants who were denied acceptance by their native countries.
A Division Bench comprising Justice Shivaji Pandey and Justice Parth Sarthy asked the Government of India to make certain that the said departments are diligent to the court’s query.
It also sought the instructions by the Home Ministry in proper manner so that the counsel could file a proper affidavit in this regard.
The issue arose in regards to the Human rights concern of two Bangladeshi women migrants named Marium Khatoon and Mausmi Khatoon.
Both these women were arrested from the Patna Railway Station and kept in an “After Care Home” for the past many years.
Observing that it was a “Serious matter that Bangladeshi women were kept inside Nari Niketan (After Care Home) and not in a detention centre”, the Court directed the Union of India to file a detailed affidavit with respect to creation of a detention centre for foreign nationals in Bihar.
The Court expressed its discontent over the status of creation of the detention centre, as the State Government submitted that migrants were kept separately in the jail and the same should be treated as a detention centre.
Conveying its dissatisfaction over the lack of some attitude of the officials, the court ordered-“At this stage, this Court is not initiating a contempt proceeding against those officials who are not responsive to the query of the Court. It is also made clear that the Court may initiate a contempt proceeding against those who would be found in not cooperating with the court proceeding.”