Acquitted ‘foreign national’ woman made to cook in Hazaribag detention centre, Jharkhand HC expresses surprise
THE JHARKHAND STORY NETWORK Ranchi, October 7: The Jharkhand High Court has expressed strong concern over the condition of a woman lodged…
THE JHARKHAND STORY NETWORK
Ranchi, October 7: The Jharkhand High Court has expressed strong concern over the condition of a woman lodged at the Hazaribag Foreigners’ Holding Centre, questioning why she was being made to prepare her own food while in State custody.
The Division Bench of Justice Sujit Narayan Prasad and Justice Akhil Kumar also questioned the legal basis for her continued detention after her acquittal in a fresh case under the Foreigners Act and sought answers on why she had not been deported to Bangladesh despite being declared a foreign national earlier.
The case concerns Rina Devi, who was arrested in 2018 in a child kidnapping case in Jamtara. She was sentenced to two years’ imprisonment and completed that sentence in 2020. She was subsequently shifted to the Hazaribag detention centre after authorities identified her as a Bangladeshi national without valid documents.
‘Why Is She Being Made to Prepare Her Own Food?’
During the hearing, counsel for the petitioner raised the issue of the woman being compelled to prepare her own meals at the detention centre and also pointed to the poor overall condition of the facility.
The High Court put a pointed question to the Advocate General and the Secretary, Home, asking why, if the woman was being kept at the detention centre, she was not being provided food in the same manner as inmates lodged inside the jail.
The Secretary, Home, assured the court that arrangements would be made in accordance with the detention centre manual so that the woman would not be compelled to prepare food for herself.
The Bench expressed surprise over how the authorities had allowed such a situation to continue and questioned who was responsible for arranging cereals and other essential food items if the detainee was being made to cook for herself.
The court made it clear that the State cannot escape responsibility for the basic needs of a person it keeps in detention.
“So long as the victim continues to be kept by the State in the detention centre, it remains the bounden duty and accountability of the State to ensure provision of all basic amenities essential for human survival with dignity, including the primary requirement of meals,” the Bench observed.
HC Orders Basic Facilities at Detention Centre
The court also took note of reported deficiencies in the detention centre, including inadequate infrastructure relating to washrooms, bathrooms and electricity.
The Secretary, Home, said the matter would be examined by the Superintendent of Police, Hazaribag. The court directed that arrangements be made for water supply, electricity, washrooms, bathrooms and regular supply of hygienic food.
The court did not pass a separate order on the food issue at that stage after the Secretary, Home, assured the Bench that she would personally look into the matter.
Declared Bangladeshi National, But Deportation Delayed
The woman’s detention has a complicated legal history.
According to reports on the proceedings, she was declared a Bangladeshi national in 2021 and was sentenced to three years in a case under the Foreigners Act. After completing her earlier sentence, she was sent to the Hazaribag detention centre pending deportation.
The State told the High Court that it had been corresponding with the Centre since 2023 regarding her deportation to Bangladesh but had received no response from the Ministry of External Affairs.
The Union government, through the Ministry of Home Affairs and Ministry of External Affairs, is a party to the proceedings. The Deputy Solicitor General of India told the court that he would obtain instructions on the action taken on the State government’s communications.
The High Court has sought a specific response on why, despite repeated communications from the State, no response had been furnished to facilitate her deportation through the Ministry of External Affairs.
Acquitted in Fresh Foreigners Act Case
The issue became more complicated after the woman was subsequently booked in another case under the Foreigners Act following her reported escape from the detention centre in late 2025.
She was acquitted in that fresh Foreigners Act case in 2026. Despite the acquittal, she was sent back to the detention centre, prompting the High Court to question under what legal authority she continued to remain in custody.
In its earlier order, the High Court had specifically asked how the woman could continue to be detained after her acquittal and emphasised that personal liberty cannot be curtailed without lawful authority.
Court Also Examines Alleged Custodial Rape
The woman’s detention has also led to serious allegations of sexual assault at the holding centre.
According to the DLSA report placed before the court, the woman alleged that Constable Ranjeet Mahto raped her continuously for about 15 months and that Constables Renu Benjamin and Varish Kachhap were also involved in the alleged assault.
An FIR, Mahila P.S. Case No. 16 of 2026, was registered against the three police personnel. The Advocate General informed the court that all three had been suspended.
The High Court has also directed that security arrangements at the detention centre be monitored by the Superintendent of Police, Hazaribag, with a female constable on duty round the clock.
Deportation Decision to Remain Subject to Court’s Leave
The High Court has listed the matter for October 15, 2026. Since the case remains before the court, the Bench has made it clear that any further decision regarding the woman’s deportation will require the court’s leave.
The case has thus brought into sharp focus not only the question of the woman’s continued detention after acquittal, but also the State’s responsibility to ensure food, basic amenities and dignified living conditions for persons held in detention.
