Gauhati High Court: In a writ petition filed by a Nigerian citizen, who was illegally detained in India for 1457 days, seeking video interaction with the Embassy of Nigeria (‘the Embassy’) for the grant of an Emergency Travel Certificate/ Document, the Division Bench of Kalyan Rai Surana* and Malasri Nandi, JJ., allowed the petition thereby directing the Ministry of Home Affairs and/or Ministry of External Affairs to take up the matter with the Embassy and facilitate his travel to Nigeria.
Background
The petitioner, a citizen of Nigeria, was taken into custody on 12-11-2020 for entering into India without any valid travel document and produced before the Court. On18-08-2021, he was convicted under Section 14 of the Foreigners Act, 1946, and Section 6 of the Passport (Entry into India) Rules, 1950 and sentenced to six months simple imprisonment and fine of Rs. 2000 for each offence. Therefore, by the time the order and sentence were passed, the petitioner had already served his sentence. However, he still was not released and continued to spend 1457 days in illegal detention.
Aggrieved, he interacted with the Embassy whereby he was informed that if an application was made on his behalf, subject to an interview, which can be held online, the said Embassy could consider issuing him an Emergency Travel Certificate and/or travel document. Accordingly, the foreigner filed the present petition seeking liberty to have the video interaction with the Embassy.
Analysis and Decision
Considering that the foreigner had already served 1457 days in illegal detention, the Court gave the following directions:
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The Ministry of Home Affairs and/or Ministry of External Affairs shall endeavour to do the needful and take up the matter with the Embassy to send the foreigner back to his country.
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In case the Ministry was unable to interact with the Embassy for any reason within 7 days, the Superintendent of Transit Camp at Matia, Goalpara, on expiry of 7 days shall facilitate the interaction of the foreigner with Nigeria via video conferencing so that the Embassy officials could interact with the foreigner and facilitate Emergency Travel Certificate and/or document.
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In the event the Emergency Travel Certificate and/or travel document by any other name is issued by the Embassy, the Home & Political Department, Assam shall make arrangement for his travel. For this, appropriate coordination shall be made with the State/City where he would be received for onward travel to his Country.
The Court also clarified that if the appropriate actions are not taken within the due time, the Court would be compelled to release the foreigner unconditionally, at the risk and cost of the said authorities.
[Kamardeen Oaladeji Oladimeji v. Union of India, WP(C) No. 2207 of 2025, decided on 09-05-2025]
*Order authored by Justice Kalyan Rai Surana
Advocates who appeared in this case:
For the petitioner: Tawhid Laskar, D K Agarwala, and A Borbhuyan
For the respondent: Central Government Counsel M.R. Adhikari, Additional Senior Govt. Advocate P. Sarmah, and Deputy S.G.I., GA, ASSAM
