The Supreme Court has agreed to hear a habeas corpus plea filed by an Assam man searching for his missing mother. Senior advocate Kapil Sibal urged the court, saying the woman was detained unjustly.
New Delhi: The Supreme Court of India agreed to hear a habeas corpus petition filed by a man from Assam, who is searching for his missing mother.
Senior advocate Kapil Sibal told the court she was wrongfully detained and sought urgent relief.
Also the Supreme Court issued a notice regarding a petition submitted by a 26-year-old man, who is challenging the purported unlawful detention of his mother by the Assam Police.
The petition claims that the woman has been detained unfairly and without proper legal reason.
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A bench consisting of Justices Sanjay Karol and Satish Chandra Sharma issued the order on Monday after reviewing the habeas corpus petition submitted by petitioner, who is requesting the release of his mother, Monowara Bewa.
A son’s heart-wrenching plea echoed through the Supreme Court,
“Where is my mother?”
The 26-year-old son, Yunus, has accused the Assam government of unlawfully detaining his mother, Monowara Bewa, in preparation for her deportation to Bangladesh “without a fair hearing.”
He is demanding that she be brought before the court.
The court agreed to hear his habeas corpus petition after senior advocate Kapil Sibal, representing Yunus, urged the court, stating that Ms. Bewa had been unjustly detained.
Yunus has claimed that Assam Police arrested his mother and others for an overnight deportation process.
After considering the petition from the son of the Bangladeshi woman, Justices Sanjay Karol and Satish Chandra Sharma issued a notice to the respondents.
Senior advocate Kapil Sibal represented the petitioner, arguing that a Superintendent of Police had unlawfully expelled the Bangladeshi woman from India, violating a court order, despite a civil appeal challenging the Guwahati High Court’s ruling which affirmed her status as a foreigner still pending in the Supreme Court since 2017.
When the court suggested that it would be appropriate to associate the current case with the pending appeal, Sibal pointed out that the woman had already been sent back to Bangladesh.
Sibal stated,
“But in the meantime, she is gone. She’s been thrown out. She’s been sent to Bangladesh,”
In response, Justice Sharma remarked,
“But we can’t call her back…if she’s already not in the country…”
In 2019, the Supreme Court had granted bail to Ms. Bewa after ruling that individuals held in a “foreigners’ camp” for more than three years should be released, subject to certain conditions.
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According to Yunus, his mother complied with all the stipulated conditions, but on May 24, she was called to the police station under the deception of providing a statement. He alleges that she has been in detention since that date.
Yunus mentioned that he tried to inform the police that his mother’s case is still pending before the Supreme Court and that she is out on bail, but they allegedly refused to release her.
The hearing for this matter is scheduled for next week.
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