The Madhya Pradesh High Court's Gwalior Bench, in its judgment dated December 10, 2024, conssidered a writ petition filed by Ahmed Almakki, a Saudi-born individual claiming Rohingya refugee status. The petitioner challenged his continued detention in the Central Jail, Gwalior, following the completion of his sentences under the Foreigners Act, 1946, and Passport Act, 1920. The judgment of the Court pointed significant constitutional violations, particularly under Articles 20 and 21, and directed his transfer to a detention center in Assam until his nationality is adjudicated and deportation finalized.

The petitioner’s narrative reflects a life of displacement and statelessness. Born in Saudi Arabia to parents who had fled Myanmar in 1960, the petitioner’s family was granted temporary refuge by the Saudi government. His possession of an invalid Bangladeshi passport led to deportation to Bangladesh in 2013, following which he entered India and was apprehended in Gwalior in 2014.

He was subsequently convicted under Section 14B of the Foreigners Act, 1946 (penalty for using forged passports), and Section 3 of the Passport Act, 1920 (regulating travel documents for departure from India). The petitioner served a three-year sentence, concluding in 2017. However, due to unresolved questions surrounding his citizenship, he was temporarily placed in a detention center operated by Padav Police Station. Alleging inhumane conditions, the petitioner absconded in 2018, leading to a subsequent FIR and additional conviction. Having completed this second sentence in 2021, the petitioner continued to languish in detention without any active charges against him.

The Division Bench comprising Justice Gurpal Singh Ahluwalia and Justice Roopesh Chandra Varshney examined the circumstances surrounding the petitioner’s continued detention. The Court noted that the Central Jail, Gwalior, was designated as a temporary detention center for the petitioner, despite its unsuitability for such purposes.

The Bench criticized the Union of India for its inaction, stating: “It is shocking that the Union of India, responsible for framing guidelines, expressed helplessness on the ground that no such guidelines exist to handle the present situation.” The Court underscored that the petitioner’s detention in such conditions amounted to a violation of Article 21 of the Constitution, which guarantees protection of life and personal liberty.

The Court referred to the Supreme Court’s judgment in Bhim Singh v. Union of India (2012), where it was held that detainees who have completed their sentences cannot be treated as prisoners and must be housed in humane conditions pending deportation. Quoting the judgment, the Bench observed: “Whatever may be the reason for delay in confirmation of their nationality, continued imprisonment is uncalled for. They cannot be confined to prison and deprived of basic human rights and dignity.”

The Court issued a series of directives aimed at safeguarding the petitioner’s rights while facilitating the determination of his nationality and eventual deportation. Key directives included:

1. Transfer of the petitioner to a detention center in Assam, with provisions for further relocation to other centers, if necessary, upon orders of competent authorities.
2. Adherence to the Model Detention Centre Manual, ensuring adequate living conditions, including access to electricity, safe drinking water, sanitation, hygiene, and medical facilities.
3. Coordination between the Union and State Governments to expedite the adjudication of the petitioner’s nationality.

The Court’s order also highlighted administrative failures in managing stateless individuals and held the urgent need for comprehensive policies to address such cases. The absence of established guidelines for handling refugees and stateless persons was noted as a glaring lacuna in the existing legal framework.

Case Title: Ahmed Almakki Alias Ahmed v. The State of Madhya Pradesh and Others

Case no: Writ Petition No. 1818 of 2023

Bench: Justice Gurpal Singh Ahluwalia and Justice Roopesh Chandra Varshney