Shillong, September 9: The Meghalaya High Court on Wednesday expressed serious concern after a visit to the Shillong District Jail revealed that 17 foreign nationals continued to remain incarcerated even after completing their sentences, contradicting information earlier furnished by the State Government that only one such prisoner remained in custody.
A Division Bench comprising Chief Justice Revati Mohite Dere and Justice W. Diengdoh visited the jail to inspect prison conditions and legal aid facilities as part of proceedings in suo motu PIL, WP(C) No. 91 of 2026.
During Tuesday’s hearing, Additional Advocate General K. Khan, acting on instructions contained in a letter dated August 28, 2026, had informed the Court that only one Bangladeshi national had remained in prison for more than a year after completing his sentence.
However, during Wednesday’s inspection, the Bench found 15 Bangladeshi nationals, one Myanmar national and one Nigerian national still lodged in the Shillong District Jail despite having already served their respective sentences.
The Court noted that one Myanmar national had remained in jail for more than 10 years after completion of his sentence, while a Bangladeshi national had been detained for more than four years beyond his term. The remaining foreign nationals had reportedly been kept in prison beyond their sentences for periods ranging from around six months to several years. Taking serious note of the discrepancy, the Court termed the information furnished through the Additional Advocate General as “completely misleading and incorrect.”
Amicus Curiae T. Yangi B. also informed the Court that four prisoners in Williamnagar Jail, three in Tura Jail and four in Nongpoh Jail had completed their sentences but continued to remain in custody. It was, however, yet to be established whether they were Indian or foreign nationals.
The Inspector General of Prisons, who appeared before the Court pursuant to its September 8 order, informed the Bench that Meghalaya currently does not have any detention centre where foreign nationals can be accommodated after completion of their sentences pending deportation or repatriation.
The Court observed that keeping prisoners in jail beyond the period of their sentence was illegal and amounted to a violation of Article 21 of the Constitution, which guarantees protection of life and personal liberty. It said foreign nationals who had completed their prison terms should have been shifted to designated detention centres until their deportation or repatriation.
The Bench has directed the Commissioner and Secretary, Home (Police), Commissioner and Secretary, Prisons and Correctional Services, Inspector General of Prisons and a senior officer of the Foreigners Registration Office, Shillong, to personally appear before the Court on September 10. The officials have been asked to obtain instructions on how soon a suitable facility can be designated as a detention centre for foreign nationals awaiting deportation.
The Court also indicated that it would consider the issue of compensation for persons who were illegally kept in prison beyond completion of their sentences. It further said that appropriate orders would be passed on Thursday regarding the furnishing of false information before the Court.
