SHILLONG: The Meghalaya High Court has directed the Inspector General of Prisons to appear personally before it over the continued detention of a Bangladeshi national who has remained in prison for more than a year after completing his six-month sentence.
A division bench comprising Chief Justice Revati Mohite Dere and Justice W. Diengdoh passed the direction while hearing a 2026 case filed by the Registrar General of the High Court of Meghalaya.
The court was informed by Additional Advocate General K Khan that the prisoner had completed his sentence but remained incarcerated as authorities were awaiting verification of his nationality from the Assistant High Commissioner of Bangladesh.
The bench, however, rejected the explanation and questioned why the man continued to be kept in prison when the sentence imposed on him had already ended.
The court observed that the authorities should have initiated the process of establishing his nationality with the Bangladeshi authorities when the case was first taken up. It said a lack of response from the Assistant High Commissioner could not be treated as sufficient grounds to extend a person’s imprisonment beyond the prescribed term.
“Detaining the Bangladeshi national beyond his sentence period amounts to illegal detention,” the bench observed.
The court further said that upon completion of his sentence, the man should have been moved to a detention centre pending the necessary formalities or deported in accordance with the law.
The bench acknowledged that confirmation of nationality from a foreign government could take considerable time. However, it made clear that such administrative delays could not result in a person continuing to languish in prison after serving his sentence.
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“It may take months/years for the prison authorities to get a response from the Bangladesh Assistant High Commissioner, however, that does not mean that the prisoner has to continue languishing in jail despite having completed his sentence,” the court said.
The High Court also warned that it could consider awarding compensation if the man continued to remain in prison despite having completed his sentence.
The Inspector General of Prisons was subsequently directed to be personally present before the court on September 9 and inform the bench about where the Bangladeshi national would be kept after his release.
The court noted that the man had completed his six-month sentence almost a year ago, stressing that the pending nationality verification could not justify his continued incarceration.
