Acquitted yet detained: Jharkhand HC questions woman’s continued custody, seeks answers on foreign national status
THE JHARKHAND STORY NETWORK Ranchi, Oct 1: The Jharkhand High Court has raised serious questions over the continued detention of a woman…
THE JHARKHAND STORY NETWORK
Ranchi, Oct 1: The Jharkhand High Court has raised serious questions over the continued detention of a woman in Hazaribagh despite her acquittal in a fresh case under the Foreigners Act, while also seeking an explanation from the State on why she was not deported to Bangladesh after being declared a foreign national in 2021.
The Division Bench comprising Justice Sujit Narayan Prasad and Justice Akhil Kumar was hearing a petition filed by social worker Apurva Vivek seeking the production and release of the woman.
The Court questioned the legal basis for keeping her in custody after her acquittal and also sought clarification on whether she was being kept in a jail or a detention centre.
HC Questions Second Case and 2026 Acquittal
During the hearing, the Court questioned why a fresh case under the Foreigners Act was registered against the woman in 2025 when she had already been convicted under the same Act in 2021 and sentenced to three years’ imprisonment.
The Bench also sought to know why the State did not challenge her acquittal in the 2026 case.
According to the State’s submissions, two cases had earlier been registered against the woman in 2018 — one relating to child abduction and another under the Foreigners Act. She was sentenced to two years in the child abduction case.
She was subsequently convicted under the Foreigners Act in 2021 and sentenced to three years. She was then sent to the Hazaribagh detention centre.
The Court also questioned why she was not deported immediately after being declared a foreign national.
The Home Secretary informed the Court that the government had contacted the Bangladesh authorities but had not received a response.
The State later informed the Court that it had been writing to the Union Ministry of External Affairs since 2023 regarding her deportation to Bangladesh, but no response had been received so far. The Court directed the Central Government’s counsel to file a response on the issue.
Article 21 at Centre of Court’s Concern
The petitioner’s counsel, Ujjaini Chatterjee, appearing virtually with assistance from advocate Ankit Apurva, submitted that the woman continued to remain in custody despite her acquittal in G.R. Case No. 1647 of 2025, corresponding to Lohsinghna Police Station Case No. 88 of 2025.
The Bench stressed that personal liberty cannot be curtailed without legal authority.
The Court observed that the constitutional protection of liberty under Article 21 must be respected and sought a clear explanation for the woman’s continued custody following her acquittal.
The woman had also escaped from the Hazaribagh detention centre in late 2025, following which the fresh case under the Foreigners Act was registered against her. She was acquitted in that case in 2026.
Allegation of Sexual Assault in Detention
The proceedings took another serious turn after the petitioner raised an allegation that the woman had been sexually assaulted while in custody.
The allegation initially concerned constable Ranjeet Mahto and was stated to relate to a period between 2020 and 2022.
Taking note of the allegation, the High Court directed the Jharkhand State Legal Services Authority (JHALSA) to have the District Legal Services Authority (DLSA), Hazaribagh, conduct an inquiry and record the woman’s statement.
The Member Secretary of JHALSA appeared virtually and informed the Bench that the DLSA Secretary and his team had visited the detention centre for the inquiry.
The Court subsequently received a sealed report from DLSA concerning the allegation.
FIR Against Three Constables, All Suspended
During the resumed hearing, the State Government informed the Court that an FIR had been registered against three constables — Ranjeet Mahto, Renu Benjamin and Waris Kachhap — over the alleged rape of the woman.
All three personnel have been suspended.
The Court questioned the State regarding the IPC provisions invoked in the FIR. Advocate General Rohit Rai informed the Bench that necessary amendments would be made to the FIR.
The Court also directed the State Government to ensure that the woman is provided all necessary amenities and protection while she remains at the detention centre.
Hazaribagh SP Asked to Ensure Security
The High Court had earlier directed the Superintendent of Police, Hazaribagh, to appear virtually in view of the allegation involving a police official.
The SP assured the Court that a thorough inquiry into the alleged misconduct would be initiated and that appropriate security arrangements would be made for the woman at the detention centre.
The Inspector General, Prisons, was also present during the proceedings and was asked to participate in the matter in view of its seriousness.
Appearing for the State, Additional Advocate General-III Ashutosh Anand assured the Court that the allegations would be thoroughly examined.
Home Secretary Summoned
Given the questions surrounding the woman’s continued custody, her status as a foreign national, the deportation process and the allegations of custodial sexual assault, the High Court had directed the Secretary, Home, Government of Jharkhand, to appear physically before it.
The Court also directed that the DLSA inquiry report be placed on record in a sealed cover and that the Hazaribagh SP’s report also be brought on record.
The next hearing has been fixed for October 15 for further consideration of the matter, with the petitioner directed to file a rejoinder to the State Government’s response.
