The Gauhati High Court has mandated that the Assam government pay Rs 2 lakh in interim compensation to Mujammel Hoque. This decision follows the case of his wife, Mumtaz Begum, who was declared a non-citizen by a foreigners tribunal and subsequently expelled to Bangladesh without her family being notified. The directive was issued by a division bench consisting of Justices Kalyan Rai Surana and Susmita Phukan Khaund on September 3.

The court also involved the Ministry of External Affairs to assist in locating Mumtaz Begum in Bangladesh and facilitating her return. The judges noted that Mumtaz Begum was denied the opportunity to contest the tribunal’s ruling in the high court, a situation that raised concerns regarding her legal rights.

Citing a Supreme Court ruling, the bench underlined that Article 21 of the Constitution applies to all individuals, irrespective of their citizenship status, protecting life and personal liberty.

Background of Mumtaz Begum’s Case

Mumtaz Begum, who resides in Nagaon, was designated as a foreigner on June 6, 2019, in a case that dates back to 2015. In Assam, foreigners tribunals assess the citizenship status of individuals suspected of not being legal citizens. Following such declarations, if individuals do not appeal to the Gauhati High Court, they face repatriation through a process involving the Ministry of External Affairs.

An estimated 100 foreigners tribunals operate within Assam’s jurisdiction. Earlier, on April 20, the High Court had nullified the tribunal’s decision on the grounds of insufficient evidential discussion and instructed Mumtaz Begum to reappear before the tribunal by May 30.

Legal Proceedings and Court Observations

The high court’s order stated that, according to an affidavit filed by the BSF, Mumtaz Begum was returned to Bangladesh on June 14, 2026, at approximately 12:10 am in the Kalaincherra area of Cachar. The bench observed that the authorities had not provided a copy of the tribunal’s ruling of May 30 or informed her family about her arrest and expulsion, thereby denying her the chance to contest the decision.

In its ruling, the court commented that Mumtaz Begum was expelled from India without her family being made aware of her detention. As a temporary measure, it instructed the Assam government to provide Rs 2 lakh to the petitioner within 60 days and also allowed for the possibility of seeking further compensation through civil court proceedings.

The court required the Ministry of External Affairs to be added as a party to the case to facilitate Mumtaz Begum’s return and enable her to pursue legal avenues against the tribunal’s ruling. Moreover, it noted potential shortcomings in the behavior of tribunal officials for their delay in providing necessary documentation.

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