HC orders repatriation of 157 foreign nationals who already served their jail terms

The High Court has ordered the release and repatriation of 157 foreign nationals who have completed their prison sentences in Bangladesh but are still languishing behind bars.

During a hearing of a writ petition today (29 February), the High Court bench of Justice Naima Haider and Justice Kazi Zeenat Haque issued this order.

The court ordered the Ministry of Home Affairs, Ministry of Foreign Affairs, and Department of Prisons, along with other relevant authorities, to facilitate their release and repatriation.

Barrister Bibhuti Tarafdar argued on behalf of the writ petition, while Deputy Attorney General Amit Das Gupta represented the state.

A report submitted to the court by the Department of Prisons on 21 January revealed among the 157 foreign nationals, 150 are from India, five from Myanmar, and one each from Pakistan and Nepal, where 19 of them are women.

The court stated in its order on Thursday that the 157 individuals must be repatriated through proper procedures after communication with the concerned countries.

The deputy attorney general had said to reporters, "Despite the term of their sentences ending, there is a delay as they have to be repatriated after communicating with their respective countries, which takes time."

These foreign nationals have mostly been sentenced under the The Control of Entry Act, 1952, the Passport (Offences) Act, 1952 and the Narcotics Control Act.

The case that brought the prolonged imprisonment to light

Govind Uriya, 26, a resident of Kamalpur police station in Tripura state of India was detained by the members of the Bangladesh Border Guard (BGB) for infiltrating Bangladesh through Sreemangal, Moulvibazar, on 19 January 2022.

BGB handed him over to Sreemangal police station on the same day and filed a case against him. After the investigation, the investigating officer issued a charges sheet on 4 February 2022 accusing him under Section 242 of the Code of Criminal Procedure, 1898 and Section 4 of the Control of Entry Act, 1952.

At the end of the trial, the Moulvibazar Fourth Judicial Court's Judge M Mizbah Ur Rahman convicted him but as there was no charge of trespassing against him in the past, Govind Uriya was sentenced to 2 months and 10 days in prison.

After four more days passed after completion of his sentence, the the court directed the superintendent of Moulvibazar District Jail to arrange his repatriation.

However, two years have passed after this order, and Govind Uriya has been in jail since then.

A report regarding this was aired on a private television channel recently.

On 11 January this year, Supreme Court lawyer Bibhuti Tarafder filed a writ in the High Court citing the TV channel report.

The writ challenged the inaction of those concerned in the release and subsequent repatriation of Govind Uriya.

On 15 January, after the preliminary hearing on this writ, the High Court ordered to arrange for Govind's release.