'Detention Homes Should Have Humane Conditions': P&H High Court In Plea Challenging Detention Of Bengali Migrants In Gurugram

The Punjab & Haryana High Court was hearing a Public Interest Litigation (PIL), on allegations that several migrants from West Bengal, belonging to a certain community, were being unlawfully detained in Gurugram under inhumane conditions.

Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "If they are detained in inhumane conditions...tell us, we will direct them...Homes should have humane conditions."

The Court further enquired, "Whether they are detained under some offence?"

To this, the counsel appearing for the petitioner responded that they are not being detained for any offence, but only on the apprehension that they are illegal Bangladeshi migrants, despite being bona fide Indian citizens.

During the hearing, the counsel apprised the court that the West Bengal Police had also verified that they were Indian citizens, and despite this, hundreds of migrants, including sanitation workers, were illegally detained in inhumane conditions in the Community Centres and their families were not informed for days.

Counsel appearing for Haryana Government Ad AG Deepak Balyan intervened and said, "they are Bangladeshis."

After hearing the submissions, the Court adjourned the matter for next week due to paucity of time stating that "we will keep for next week, today we are short of time."

Background

In the last hearing, the Court had asked whether the Standard Operating Procedure (SOP) issued by the Ministry of Home Affairs on illegal foreign nationals was publicly available on its website.

Today, the Court was apprised that although the SOP was not made available in the public domain, it was issued by the Ministry.

Activist Nirmal Gorana has filed the PIL seeking directions to the authorities concerned to formulate proper guidelines/standard operating procedures for the verification of documents of migrant workers in Haryana.

Directions were also sought to immediately cease the arbitrary and illegal detention of bona fide Indian citizens in Gurugram on vague and unsubstantiated grounds.

The plea also prayed for an independent inquiry into “the police misconduct and arbitrariness in the garb of verification drive conducted in Gurugram” in addition to the rehabilitation of the “innocent victims of the arbitrary and highhanded action of the local police authorities”.

The matter is now listed for September 30, further consideration.

Title: NIRMAL GORANA V/S STATE OF HARYANA AND OTHERS