Shift 30 foreign nationals to detention centre, orders Meghalaya HC to state

The Meghalaya high court on Monday ordered the state government to shift around 30 foreign nationals who have completed their prison sentences but remain incarcerated, to a temporary detention centre in Shillong by September 28, amid the court’s scrutiny of prolonged post-sentence detention.

A division bench comprising Chief Justice Revati Mohite Dere and justice W Diengdoh issued the direction on Monday while hearing a suo motu matter concerning foreign nationals who completed their sentences but remained in custody pending deportation or repatriation.

“Since all facilities are practically in place, we direct that all foreign nationals shall be transferred to the temporary Detention Centre at MBOSE Hostel at the earliest and in any event, by 28.09.2026,” the bench ordered.

The court was informed through a status report that the government notified the MBOSE Hostel at Laitumkhrah, Shillong, as a temporary detention centre on September 17 after an earlier proposal to use a building at Nongstoin was not accepted.

The G+2 hostel has six dormitories and capacity for around 60 inmates. Photographs of the facility were also placed before the court.

The proposed arrangements include 26 administrative and guarding personnel, eight security personnel and one platoon deployed at the entrance gate and watchtowers. The facility will also have a medical officer and three medical staff, 26 CCTV cameras, fire-safety equipment and office infrastructure.

Following the court’s direction, the inspector general of prisons and Correctional Services instructed district jail authorities to initiate the transfer of foreign nationals who completed their sentences but remain in custody to the Shillong facility.

The development follows earlier proceedings in which the high court questioned why details of foreign nationals continuing to remain in jails after completing their sentences had not been placed before it earlier.

The court also directed the authorities, including the Meghalaya State Legal Services Authority, to extend necessary assistance to such prisoners for their deportation or repatriation, including approaching the Foreigners Registration Office where required.

During Monday’s hearing, foreigners regional registration officer (FRRO), Kolkata, Nidhi Rani, IPS, appeared through video conferencing and informed the bench that deportation orders had been issued in four cases and steps were under way to repatriate the individuals.

The court was also informed about five foreign nationals who have remained in custody for more than five years. They include two nationals of Myanmar, two Nigerians and one Bangladeshi.

The bench directed the state government and the FRRO to place on record the modalities for payment of compensation to foreign nationals who may have remained in custody beyond the completion of their respective sentences.

The proceedings were attended by the commissioner and secretary, home (Political) department, and the superintendent of police (Traffic), who is holding additional charge as SP-cum-Foreigners Registration Officer, Shillong, in the absence of Vivek Syiem, who is on medical leave.

The matter has been posted for further hearing on September 28, when the concerned officials have been directed to appear either in person or through video conferencing.