XXX Vs. IN RE THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.P. Dutta, learned counsel for the Gauhati High Court. Also heard Mr. R. Dhar, learned Addl. Senior Government Advocate, Assam and Mr. J. Payeng, learned standing counsel, Foreigners Tribunal representing the respondents.

(2.) Learned State counsel has given certain details of persons who are in jail and having children. These children are all aged less than six years and as their mothers have been declared as foreigners, they are presently in jail with their mothers since as per the Jail Manual, children who are less than six years of age can stay with their mothers in jail. Learned State counsel shall give the details of all such persons who have been declared as foreigner and the period for which they have been put in jail to Mr. J. Payeng within 48 hours.

(3.) Learned State counsel shall also give the details of all such persons who are eligible to be released from jail in the present COVID-19 pandemic situation in view of the criteria laid down by this Court earlier as well as by the Hon'ble Apex Court in its earlier judgment.