New Delhi: The Supreme Court on Thursday issued notice to the Centre and Assam on a PIL for a direction to ensure a fair, humane and lawful treatment of nearly 2,000 persons kept in detention centres in Assam, in conformity with Article 21 of the Constitution and international law on treatment of immigration detainees
A Bench of Justices Madan B. Lokur and Deepak Gupta issued notice on the petition from Harsh Mander, Founding Member of Aman Biradari, which also wanted a direction, to declare those who have been determined to be foreigners and held in detention pending their repatriation, be treated as refugees.
Pointing out the agony and plight of children who are free while their parents are detained, the petitioner wanted that they be treated as children in need of care and protection (CNCPs) under the Juvenile Justice Act; taken cognisance of by the Child Welfare Committees established at district or sub-district levels.
The petitioner said through the instant writ petition he seeks to redress violations of fundamental rights and internationally recognised human rights of detainees held presently in six detention centres/prisons in Assam, either because they have been declared as foreigners by the Foreigners Tribunals in Assam or after serving out their sentence for illegally entering India, detained pending deportation.
The petition is primarily based on the findings of the deplorable conditions in Assam detention centres, prepared as a report for the National Human Rights Commission (NHRC) by petitioner Harsh Mander, as Minorities Monitor at NHRC. The petition focuses on the appalling conditions in detention of such persons that deprive them of their Constitutional rights.
