Team Herald
Panjim: The government has been left red-faced by the delay in commissioning the Detention centre despite notifying it. The High Court of Bombay at Goa has now directed the State government to commission the centre within three months and submit a compliance report by June.
“The Respondents, including in particular, Respondent Numbers 1 (State through Calangute police), 2 (State through Pernem police) and 5 (Foreigners Regional Registration Office) are directed to make the Detention Centre constituted by order dated February 7, 2019 at the Old Judicial Lock Up at Mapusa, fully operational by providing necessary infrastructure and staff, as expeditiously as possible, and in any case, within a period of three months from today. FRRO is directed to file an affidavit of compliance on or before June 3, 2019, in this Court,” the bench of Justices M S Sonak and Nutan Sardessai ordered while disposing of its suo motu writ petition, on Wednesday.
The court has also directed that in making operational the Detention Centre, the State should comply with, to the extent possible, guidelines set out in “Model Detention Centre/Holding Centre/Camp Manual” circulated by the Government of India, Ministry of Home Affairs (Foreigners Division).
So also, the police department is asked to take emergent steps in order to deport the foreign nationals in Goa, who have no proper/valid travel documents or whose visa terms have expired, or such like reasons, where there are no legal impediments for taking such steps. A compliance report indicating the statistics status of the action/steps taken in this regard is to be submitted on or before June 3, 2019.
The Goa Police had submitted to the court that the government on February 7 ordered requiring illegal immigrants/foreign nationals awaiting deportation to reside in the Deportation Centre. In its affidavit, the court observed that it discloses a ‘very disturbing feature’ wherein majority cases are against Nigerians followed by Tanzanian and Russian nationals. “Although a Detention Centre has finally been set up, the same, has not been made operational,” the bench observed while directing that, “Taking into consideration the magnitude of the problem, we direct the respondents to make operational the centre as expeditiously as possible.”
The court also stated that in pending matters involving foreign nationals who have no proper/valid travel documents or whose visa term has expired or for like reasons, ‘the State/Prosecution must file appropriate applications before the Magistrate/Courts to bring this aspect to the notice of the concerned Magistrate/Courts where such matters are pending. Similarly, the State/Prosecution must, by filing a reply bring to the notice of Magistrate/Courts such circumstances when the foreign nationals who have no proper travel documents or whose visa term has expired, apply for grant of bail.’
“The Magistrate/Courts where the matters come up must make appropriate orders in accordance with law so that the legal process is not used as an instrument to facilitate overstay or otherwise violate the provisions of Foreigners Act, 1946, rules and orders made thereunder,” the bench noted.
The Chief Secretary is further directed to circulate a copy of the judgment and order to all State Government/Prosecution agencies within a period of four weeks from the date of the order for necessary action and compliance.
Similarly, the Principal District Judges of North and South Goa Districts are requested by the high court to consider holding a special workshop to develop a set of best practices to deal with the cases involving such errant foreign nationals.
