Gauhati high court has intensified scrutiny of circumstances in which Nagaon’s Mumtaz Begum was sent to Bangladesh, warning Assam govt that it would presume a Foreigners’ Tribunal’s May 30 opinion declaring her a foreigner would be considered “not ready” if the state fails to establish when it was finalised.In its latest order on Oct 7, the high court recorded MEA’s submission that an inquiry into Mumtaz’s whereabouts was ongoing and that it needed more time.TOI had reported that Bangladesh’s home ministry began searching for Mumtaz after this newspaper contacted authorities in Dhaka in the last week of Sept.Not only Mumtaz, another woman also ‘missing’ after B’desh expulsionThe Gauhati high court, in its Oct 7 order, said, “The court shall presume that the opinion…was not made ready within the appropriate time, i.e., prior to the taking into custody” of Mumtaz.The court had ordered an inquiry on Sept 3 and directed MEA to trace Mumtaz and facilitate her return, observing that she was sent to Bangladesh without a “reasonable opportunity” to challenge the tribunal’s opinion.The court had previously set aside an earlier opinion declaring her a foreigner and ordered fresh consideration of her case.Her son, Momruz Ali, had on Oct 7 disputed Assam CM Himanta Biswa Sarma’s claim that she was safe and in regular contact with him and had told TOI that the family had no idea where she was and that the family was “breaking” under the strain of the search.The case dates back to April, when Gauhati HC set aside an earlier Foreigners’ Tribunal opinion declaring Mumtaz a foreigner and remanded the matter for fresh consideration. She appeared before the tribunal again on May 30, the date borne by the fresh opinion, and was taken into custody.The central question now before the court is whether that opinion had actually been made ready before officials acted on it.According to the chronology recorded in court proceedings, Mumtaz was subsequently moved through holding facilities in Assam and handed over to BSF on June 13.
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BSF told the court she was “sent back to Bangladesh” in the early hours of June 14, from the Kalaincherra area of Cachar. Her whereabouts have remained unknown to her family since she was sent across the border, according to her son.Mumtaz is not the only woman from Nagaon reported missing after being sent across the border. Another woman, Jahanara Begum, whose case is ongoing in HC, has also gone missing under similar circumstances.The high court heard her case together with that of Mumtaz Begum.
