Xxx vs In Re - The State Of Assam And 2 Ors
2021 Latest Caselaw 1549 Gua

                                                                   Page No.# 1/3

GAHC010098532020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : PIL(Suo Moto)/4/2020

            XXX
            GUWAHATI


            VERSUS

            IN RE - THE STATE OF ASSAM AND 2 ORS
            REP. BY THE ADDL CHIEF SECRETARY , HOME AND POLITICAL DEPTT,
            JANATA BHAWAN, DISPUR, GUWAHATI- 06

            2:THE INSPECTOR GENERAL OF PRISONS (IGP)
             JAWAHAR NAGAR
             KHANAPARA
             GUWAHATI- 781022

            3:THE SUPERINTENDENT
             CENTRAL JAIL
             LOKHRA ROAD
             GUWAHATI- 78103

Advocate for the Petitioner   : MR. T J MAHANTA

Advocate for the Respondent : GA, ASSAM

Page No.# 2/3

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

11-05-2021 (Sudhanshu Dhulia, CJ)

The matter is taken up through video conferencing. Heard Mr. P.P. Dutta, learned counsel for the Gauhati High Court. Also heard Mr. R. Dhar, learned Addl. Senior Government Advocate, Assam and Mr. J. Payeng, learned standing counsel, Foreigners Tribunal representing the respondents.

Learned State counsel has given certain details of persons who are in jail and having children. These children are all aged less than six years and as their mothers have been declared as foreigners, they are presently in jail with their mothers since as per the Jail Manual, children who are less than six years of age can stay with their mothers in jail. Learned State counsel shall give the details of all such persons who have been declared as foreigner and the period for which they have been put in jail to Mr. J. Payeng within 48 hours.

Learned State counsel shall also give the details of all such persons who are eligible to be released from jail in the present COVID-19 pandemic situation in view of the criteria laid down by this Court earlier as well as by the Hon'ble Apex Court in its earlier judgment.

List on 17.05.2021.

Page No.# 3/3

JUDGE CHIEF JUSTICE

Comparing Assistant