Son Approaches Supreme Court Over Alleged Illegal Detention and Deportation Attempt of His Mother by Assam Police

The Supreme Court of India is scheduled to hear a habeas corpus petition today (June 2) concerning the alleged illegal detention of a woman by the Assam Police. The petition, filed by her 26-year-old son Iunuch (Yunus) Ali, raises serious concerns over the alleged practice of “push back” deportations to Bangladesh, even while legal proceedings remain pending.

Urgent Mention Before the CJI Bench

Senior Advocate Shoeb Alam, representing the petitioner, made an urgent oral mention of the case before the bench comprising Chief Justice of India BR Gavai and Justice AG Masih. He highlighted that the woman, Monowara Bewa (also referred to as Manora Bewa), was taken into custody by the Dhubri police on May 24, 2025. Since then, her whereabouts have reportedly remained unknown to her family.

Alam expressed fears that the woman could be forcibly deported to Bangladesh, a practice that he claimed has become increasingly common in Assam. He alleged that state authorities are picking up individuals and pushing them across the border during the night—even in cases where legal appeals are still pending before the Apex Court.

Pending SLP in the Supreme Court

The petitioner’s mother had earlier been declared a foreigner by a Foreigners Tribunal in Assam, a decision that was later upheld by the Gauhati High Court. However, a Special Leave Petition (SLP) challenging that decision has been pending before the Supreme Court since 2017. Despite this, Alam submitted, state officials continue to detain and deport people in violation of ongoing legal processes.

Supreme Court’s Previous Orders Ignored?

As per the petition, Monowara Bewa had been out on bail since December 12, 2019, following the Supreme Court’s judgment in Supreme Court Legal Services Committee v. Union of India. In that ruling, the Court had allowed for the conditional release of individuals who had spent over three years in detention at Foreigners' Camps in Assam.

The petition argues that Monowara was in full compliance with her bail conditions. However, on May 24, she was summoned to the police station under the pretext of giving a statement. Since then, she has not been released. Her son, upon visiting the police station the next day and informing officials about the pending SLP, was reportedly denied any relief or explanation.

Reliefs Sought in the Petition

The petition, filed through Advocate-on-Record Talha Abdul Rehman, seeks the following reliefs from the Supreme Court:

1. Immediate Release – A writ of habeas corpus directing the release of Monowara Bewa, currently detained at the Dhubri Police Station.

2. Restraint on Deportation – A prohibition order to prevent the forcible deportation of the detainee from Assam, West Bengal, or any other state border.

3. Investigation into Arbitrary Detention – An inquiry into the conduct of Assam police officials involved in her alleged illegal arrest and detention.

4. Disciplinary Action and Compensation – Directions to both the Union and State governments to initiate departmental proceedings, impose penalties, and consider contempt charges against the responsible officers for violating constitutional rights and prior Supreme Court judgments.

Advocate Alam drew the Court’s attention to serious constitutional implications, particularly regarding the alleged violation of the Court’s own precedent in Arnesh Kumar v. State of Bihar and DK Basu v. State of West Bengal, which laid down safeguards against arbitrary arrests.

The bench has agreed to take up the matter on Monday, with liberty granted to notify the standing counsel for the State of Assam. The case raises pressing questions about due process, individual liberty, and the potential misuse of administrative powers under the guise of enforcing immigration laws.

Case Title: Iunuch Ali v. Union of India & Others

Filed Through: AOR Talha Abdul Rehman