1. Secretary, Ministry of Foreign Affairs;
2. Secretary ,Ministry of Home Affairs;
3. Director-General(South-Asia) Wing, Ministry of Foreign Affairs;
4. Joint Secretary (Political),Ministry of Home Affairs;
5. Director, National Legal Aid Services Organisation;
6.Deputy High Commission of Bangladesh
A writ petition was filed due to the failure of respondents to ensure the repatriation of 36 un-named Bangladeshi citizens languishing in Cooch Bihar Jail, West Bengal, India despite the expiry of their terms of sentence and hunger strike, as reported in the Daily Amader Shomoy dated 27.10.2010, and some 2500 Bangladeshi citizens including 500 ‘jan khalash prapto’ prisoners who have reportedly completed their sentences more than 3-4 years ago, which is arbitrary and in breach of the respondents’ constitutional and statutory duties to ensure consular access.
A Rule Nisi issued calling upon the respondents to show cause as to why
Pending hearing of the Rule, the respondents no. 1,3,4 and 6 are hereby directed to take immediate steps to ascertain and identify the prisoners of Bangladeshi nationality being held in the prisons of India, in particular West Bengal, giving names and other details of the persons being held there even after completion of their term of imprisonment (Jankhalash) and also to take immediate steps for their repatriation, and to report to this Court within one month as to what steps have been taken in these respects and to submit a report within two months as to the steps to be taken by them to ensure provision of information on lawyers and available legal aid services to Bangladeshi citizens who are arrested or imprisoned abroad, in particular to those who are in correctional centres across the State of West Bengal and other parts of India.
Mr. Justice Imman Ali
Mr. Justice Obaidul Hassan
Articles 102, 44, 27,31,32,33 and 36, Constitution;
Aingoto Shohayota Prodan Ain 2000
1. Secretary, Ministry of Foreign Affairs;
2. Secretary ,Ministry of Home Affairs;
3. Director-General(South-Asia) Wing, Ministry of Foreign Affairs;
4. Joint Secretary (Political),Ministry of Home Affairs;
5. Director, National Legal Aid Services Organisation;
6.Deputy High Commission of Bangladesh
A writ petition was filed due to the failure of respondents to ensure the repatriation of 36 un-named Bangladeshi citizens languishing in Cooch Bihar Jail, West Bengal, India despite the expiry of their terms of sentence and hunger strike, as reported in the Daily Amader Shomoy dated 27.10.2010, and some 2500 Bangladeshi citizens including 500 ‘jan khalash prapto’ prisoners who have reportedly completed their sentences more than 3-4 years ago, which is arbitrary and in breach of the respondents’ constitutional and statutory duties to ensure consular access.
A Rule Nisi issued calling upon the respondents to show cause as to why
Pending hearing of the Rule, the respondents no. 1,3,4 and 6 are hereby directed to take immediate steps to ascertain and identify the prisoners of Bangladeshi nationality being held in the prisons of India, in particular West Bengal, giving names and other details of the persons being held there even after completion of their term of imprisonment (Jankhalash) and also to take immediate steps for their repatriation, and to report to this Court within one month as to what steps have been taken in these respects and to submit a report within two months as to the steps to be taken by them to ensure provision of information on lawyers and available legal aid services to Bangladeshi citizens who are arrested or imprisoned abroad, in particular to those who are in correctional centres across the State of West Bengal and other parts of India.
Mr. Justice Imman Ali,
Mr. Justice Obaidul Hassan
Articles 102, 44, 27,31,32,33 and 36, Constitution;
Aingoto Shohayota Prodan Ain 2000