The Gauhati High Court has strongly directed the Union Government and the State of Assam to take urgent steps to repatriate a Nigerian national, Kamardeen Oaladeji Oladimeji, who has been kept in detention for over four years despite completing his sentence.

The case was heard by a division bench of Justice Kalyan Rai Surana and Justice Malasri Nandi, who emphasized that the individual had already served his lawful sentence by May 13, 2021. However, he continued to remain in custody for an additional 1,457 days without legal grounds.

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“It is seen that by the time the order and sentence was passed, the petitioner had already served his sentence as on 13.05.2021,” the Court stated. “Thus, as on the date of this order, the petitioner has spent 1457 days in illegal detention.”

Background

Kamardeen Oaladeji Oladimeji was arrested on November 12, 2020, for entering India without a valid passport or visa. The Judicial Magistrate First Class (II), Karimganj, convicted him on August 18, 2021, under Section 14 of the Foreigners Act, 1946, and Section 6 of the Passport (Entry into India) Rules, 1950. He was sentenced to six months of simple imprisonment and a fine of ₹2,000 for each offence.

Despite having completed the term by May 2021, no steps were taken by authorities to arrange for his deportation, resulting in his prolonged illegal detention at the Transit Camp in Matia, Goalpara, Assam.

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The Court took a serious note of the delay and warned the concerned departments:

“If the appropriate actions are not taken within the due time, the said authorities are put to notice that the Court would be compelled to release the petitioner unconditionally, which would be at the risk and cost of the said authorities.”

The Ministry of Home Affairs and the Ministry of External Affairs were instructed to coordinate with the Embassy of the Federal Republic of Nigeria to arrange for the deportation.

Steps Ordered by the Court

1. Government Action:
   Ministries were directed to contact the Nigerian Embassy to initiate repatriation steps.
2. Video Interaction with Embassy:
   If no action was taken within seven days, the Superintendent of the Transit Camp at Matia must facilitate a video interaction between the petitioner and the Nigerian Embassy.
3. Issuance of Travel Document:
   If the petitioner’s passport has expired, the Nigerian authorities may issue an Emergency Travel Certificate or equivalent.

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1. Travel Arrangement:
   On receiving a valid travel document, the Assam Government must arrange transportation from the camp to LGBI Airport, Guwahati, enabling the petitioner to travel to New Delhi or another international airport for return.
2. Petitioner’s Responsibility:
   The court clarified that the petitioner must bear his travel expenses.

“We make it clear that the petitioner has to make his travel arrangement on his own,” the bench added.

The matter will be taken up again on May 30, 2025, to review compliance and ensure the petitioner’s repatriation is processed without further delay.

Case Title: Kamardeen Oaladeji Oladimeji v. The Union of India & Anr

Case No.: WP(C)/2207/2025