Tripura HC directs prison authority to act as custodians of 9 B'desh nationals till deportation

The Tripura High Court has modified the sentences of nine Bangladeshi nationals convicted of illegally entering India and directed the state authorities to repatriate them to Bangladesh in accordance with the prescribed procedure. The High Court single bench headed by Justice T Amarnath Goud observed that they should remain in prison only as persons in custody until their deportation.

The court disposed of three criminal appeals filed by the convicts against judgments delivered by the Sessions Courts in Unakoti and Dhalai districts.

The appellants included Sheikh Mahammad Rubel Miah, his wife Asma Begam, both residents of Karmada Barokandi under Kolawara police station in Moulvibazar district, Bangladesh, and Dulal Miah, a resident of Rabirbazar under Kolawara police station in the same district; Sudhir Chandra Sarkar, Adhir Chandra Sarkar and Sankar Chandra Sarkar, sons of Sudhir Chandra Sarkar, Sarathi Sarkar, wife of Sankar Chandra Sarkar, and Geeta Sarkar, wife of Adhir Chandra Sarkar, all residents of Karancha in Bangladesh; besides a Bangladeshi woman convict who had challenged her conviction under the Passport (Entry into India) Act in a separate appeal.

The convicts had been sentenced to varying terms of imprisonment and fines under the Foreigners Act, 1946, the Passport (Entry into India) Act, 1920 and the Passport (Entry into India) Amendment Act, 2000 for illegally entering India.

During the hearing, Public Prosecutor Raju Datta, on instructions, submitted that the state had no objection if the appellants were pushed back to Bangladesh instead of being kept in jail.

Accepting the submission, the High Court observed that a lenient view could be taken as it was their first offence and their continued incarceration would adversely affect their family members in Bangladesh. In the case of the woman convict, the court specifically noted that in her absence her family members abroad would suffer.

The court modified the sentences in all three appeals to the period already undergone in custody from the date of arrest and directed the state authorities to take all necessary steps to repatriate the appellants to Bangladesh in accordance with the prescribed procedure.

"The appellants shall continue to be in the prison not as convicts and the prison authority shall act as a custodian for them until they are repatriated to their own country," the High Court said.

The court further directed that once the state decides to move the appellants from Tripura to Bangladesh as per the prescribed procedure, they should be released at the earliest for repatriation.

The state supported the proposal for repatriation during the hearing and raised no objection to the modification of the sentences.