Petitioner Spent 1457 Days In Illegal Detention | Gauhati High Court Directs Urgent Repatriation Of Nigerian Citizen | Warns Authorities Of Unconditional Release At Their Risk And Cost
Sanchayita Lahkar
The High Court of Gauhati Division Bench of Justice Kalyan Rai Surana and Justice Malasri Nandi held that the continued detention of the petitioner was illegal, as he had already completed his sentence. The Court directed the Ministry of Home Affairs and Ministry of External Affairs to coordinate with the Embassy of the Federal Republic of Nigeria to facilitate the petitioner’s repatriation. The authorities were also warned that failure to act within the prescribed time frame would compel the Court to release the petitioner unconditionally, at their risk and cost.
The petitioner, a Nigerian national named Kamardeen Oladeji Oladimeji, was apprehended on 12 November 2020 for entering India without a valid travel document. He was produced before the court on the following day, 13 November 2020. Following trial proceedings before the Judicial Magistrate First Class (II) at Karimganj, an order dated 18 August 2021 convicted him under two separate legal provisions.
Firstly, the petitioner was convicted under Section 14 of the Foreigners Act, 1946. This provision addresses penalties for entering or remaining in India without valid documentation. Secondly, he was also convicted under Section 6 of the Passport (Entry into India) Rules, 1950, which concerns unauthorized entry and travel in India without requisite travel credentials. For each offence, he was sentenced to six months of simple imprisonment and a fine of ₹2,000.
By the time of the judgment dated 9 May 2025, it was undisputed that the petitioner had completed his sentence by 13 May 2021. Despite this, he continued to be held in custody at the Transit Camp in Matia, Goalpara, Assam, for an additional 1457 days without legal justification.
The counsel for the petitioner submitted that attempts had been made to interact with the Nigerian Embassy. On 7 May 2025, the petitioner’s legal representative communicated with Embassy officials, who indicated that they were open to issuing an Emergency Travel Certificate or other equivalent travel document, subject to a video interview.
In light of this, the petitioner requested the Court to allow him to interact with the Nigerian Embassy officials through video conferencing. The Court noted that the Superintendent of the Transit Camp could facilitate such an interaction. A reminder had also been sent by the Central Government Counsel on 8 May 2025 to the concerned Ministries, but a response had not yet been received.
The authorities were called upon to expedite their coordination, especially considering the ongoing unlawful detention. The Home & Political (B) Department of the Government of Assam was also identified as responsible for arranging onward transportation for the petitioner if an emergency travel document were issued. The Court clarified that while the administrative coordination and facilitation of travel fell under the government’s responsibility, the actual travel arrangements had to be made by the petitioner himself.
The Court recorded the petitioner’s prolonged and unjustified custody by stating: “By the time the order and sentence was passed, the petitioner had already served his sentence as on 13.05.2021. Thus, as on the date of this order, the petitioner has spent 1457 days in illegal detention.”
Further, addressing the government's inaction, the Court observed: “It is submitted that perhaps due to the current situation in the Country, the authorities have not yet responded to his letter.”
Considering the Embassy’s willingness to consider the issuance of a travel document, the Court recorded: “If an application is made on behalf of the petitioner, subject to interview, which can be held online, the said Embassy can consider issuance of Emergency Travel Certificate and/or travel document by any other name if the Passport of the petitioner has already expired.”
The Bench also stated the importance of urgent action: “Taking note of the fact that the petitioner has already spent 1457 days in illegal detention, the Court is inclined to order...” the listed directions aimed at securing his deportation.
The Court explicitly conveyed the consequences of continued delay by noting: “The sentence of the petitioner was served on 13.05.2021 and therefore, the petitioner is in illegal detention for 1457 days. Therefore, if the appropriate actions are not taken within the due time, the said authorities are put to notice that the Court would be compelled to release the petitioner unconditionally, which would be at the risk and cost of the said authorities.”
The Division Bench issued comprehensive directions to the concerned authorities. It first instructed the Ministry of Home Affairs and/or the Ministry of External Affairs, Government of India, to make an effort to take necessary steps regarding the petitioner, Kamardeen Oaladeji Oladimeji, by initiating communication with the Embassy of the Federal Republic of Nigeria to facilitate his repatriation to his country of origin.
The Court further ordered that if the aforementioned Ministries are unable to establish contact with the Nigerian Embassy for any reason within seven days from the date of the order, the Superintendent of the Transit Camp at Matia, Goalpara, shall, upon the expiry of the seven-day period, facilitate the petitioner's interaction with officials of the Federal Republic of Nigeria through video conferencing. This interaction is to enable the Embassy to issue an Emergency Travel Certificate or any other equivalent travel document.
If such a document is issued, the Home & Political (B) Department of the Government of Assam is to arrange for the petitioner’s transportation from the Transit Camp in Matia, Goalpara, to the L.G.B.I. Airport in Guwahati. This would enable him to travel to New Delhi or any other international airport to leave for his home country.
The Court clarified that appropriate coordination must also be ensured with the receiving State or City for the petitioner’s onward travel to his country of origin. However, it was clearly stated that the petitioner must make his own travel arrangements.
To ensure execution of the directions, the Court required the petitioner to produce a certified copy of the order before the Superintendent of the Transit Camp at Matia, Goalpara. In addition, the learned Central Government Counsel was directed to transmit a downloaded copy of the order to the Ministry of Home Affairs and/or Ministry of External Affairs for notification of the concerned authorities.
The Court recorded that the State authorities and relevant departments, including the Home & Political (B) Department of Assam, the Secretary to the Government of India, Ministry of Home Affairs, and the Secretary to the Ministry of External Affairs, must take specific note that the petitioner had completed his sentence on 13 May 2021 and has since been in illegal detention for 1457 days.
The matter was scheduled for further proceedings on 30 May 2025.
Advocates Representing the Parties
For the Petitioner: Mr. Tawhid Laskar, Mr. D.K. Agarwala, Mr. A. Borbhuyan
For the Respondents: Mr. M.R. Adhikari, Deputy Solicitor General of India; Mr. P. Sarmah, Additional Senior Government Advocate, Assam
Case Title: Kamardeen Oladeji Oladimeji v. The Union of India and Anr.
Neutral Citation: GAHC010080712025
Case Number: WP(C)/2207/2025
Bench: Justice Kalyan Rai Surana, Justice Malasri Nandi
[Read/Download order]
