Shillong, Sept 9: The Meghalaya High Court’s decision to the Shillong District Jail on Wednesday (Sept 9) revealed that 17 foreign nationals were lodged in the jail even after the completion of their sentences, contrary to the state government’s claim of only one such case.
The division bench comprising Chief Justice Revati Mohite Dere and Justice W Diengdoh had been informed on Tuesday by Additional Advocate General K Khan, on instructions vide letter dated August 28, 2026, that only one Bangladeshi national remained in prison for over a year after serving sentence..
However, during its visit on Wednesday to check prison conditions and legal aid facilities, the bench found 15 Bangladeshis, one Myanmar national and one Nigerian national still incarcerated.
The court noted that one Myanmar national has been languishing in jail for more than 10 years after completing his sentence, while a Bangladeshi national has been held for over four years beyond his term.
Others have been held for periods ranging from six months to a couple of years.
The court termed the information furnished by the AAG as completely misleading and incorrect.
The bench was hearing a suo motu PIL, WP(C) No. 91/2026.
Amicus Curiae T Yangi B submitted that she found four prisoners in Williamnagar jail, three in Tura jail and four in Nongpoh jail who had completed their sentences, though it was not ascertained whether they were Indians or foreign nationals.
Inspector General of Prisons, who was present in Court pursuant to the September 8 order, informed that the state has no detention centres to house foreign nationals after completion of their sentence till deportation or repatriation.
Stating that detention beyond sentence is illegal and violative of Article 21, the court said all such foreign nationals ought to have been shifted to detention centres as required by law.
The court has directed the commissioner and Secretary, Home (Police), Commissioner and Secretary, Prisons and Correctional Services, IG Prisons and a senior officer of the Foreigners Registration Office (FRO), Shillong to appear in person on September 10.
The court has sought instructions on how soon a place can be designated as a detention centre and said it will consider compensation for those kept in prison beyond their sentence.
The court said it will pass appropriate orders on Thursday for furnishing false information to the court.
