Even after sentence completion, Nigerian languishing in Dimapur jail

Eastern Mirror Desk
Dimapur, Sep. 23: In what seems like an administrative failure from the Union government, a Nigerian national Nweze Raymond Chinenyeuba is still languishing in the district sub-jail in Dimapur. He completed his prison term on May 25 2017 but has been confined in the jail since the last 16 months because the Union government still hasn’t sent a deportation order.

Nweze was a garment trader who reportedly came to India on June 10 2016 for business purpose. He supposedly rented a house at Tiruppur in Tamil Nadu and kept visiting several cities for business purposes.

Raymond was apprehended on September 7 2016 at around 6 am when he was arriving from Guwahati by a night super bus to New Field Police check gate in Dimapur according to a charge sheet from the court of the chief judicial magistrate (CJM), Ajongba Imchen.

The charge sheet mentioned that during examination of the travel documents, police found that Nweze was not in possession of valid visa except a photocopy of passport. Accordingly, the incharge of the police gate lodged an FIR against him for contravention of the provision of Foreigners Act 1946. The CJM sentenced Nweze to simple imprisonment for a period of eight months 17 days.

In a petition appended by Nweze to the ministry of External Affairs, it stated, “On completion of my term dated 25-5-2017, the CJM informed that my sentence term is over and said that my case had been dismissed and I shall be deported to my native land, Nigeria. I was daily awaiting the news of my deportation, but instead I was forwarded to Dimapur sub-jail and since May 25, 2017 I have been illegally detained in the same jail and it is almost 16 months now.”

It was in Dimapur sub-jail that a Dimapur-based citizen, S Solomon Shaikh, who identified himself as a “human rights activist,” came to know of Nweze’s predicament. Consequently, Shaikh moved representations before the Union Ministry of Home Affairs (MHA) and Ministry of External Affairs (MEA) seeking for Nweze’s deportation order.

Receiving no response from the Central Government, Shaikh moved a habeas corpus petition on behalf of Nweze, in the Supreme Court on September 6 seeking his immediate release from detention and deportation to Nigeria, while also mentioning that Nweze was being illegally detained in contravention of CJM’s order.

It was also pointed out in the petition that Nweze’s mother passed away in June 2017 and father passed away in October 2017. As per the family customs of Nweze, the eldest one has to perform the last rites of parents. Since he could not go to Nigeria, the mortal remains of his parents are still lying in mortuary of the state hospital in Ebony, Nigeria awaiting his arrival to perform the last rites.

“Do we have to regularly appeal High Court or Supreme Court of India to release prisoners languishing in Indian jails despite completion of their jail terms? Cant our big boys in the Ministry of Home Affairs and External Affairs fulfill their duties and responsibilities?” Shaikh queried during an interaction with Eastern Mirror. Due to administrative failure, Nweze is still in jail, he stated.

Considering the petition, the Supreme Court on September 20 directed the ministry of home affairs and ministry of external affairs to consider the request for release and deportation of Nweze within a period of four weeks who is still in jail after a Dimapur local court ordered his release in May 2017.

“Does a supreme court need 16 months to send an order?” Shaikh questioned, while adding that it should take them only two weeks.

However, on September 21 after the apex court order, Shaikh tweeted: “We Indians fought for this man #NigerianNationalRaymond. When he goes back home; he can say to his people that though the Indian govt. authorities failed and due to them he suffered but Indians stood tall and strong for his freedom.”

Shaikh told Eastern Mirror that the MHA and MEA will be receiving the Supreme Court order on September23. He added that in Nagaland, he would be delivering the order letter to the home secretary and also to the jail superintendent.

“I would like to request the government of Nagaland to do the needful and deport Nweze once the order copy from the Supreme Court reaches the home secretary of Nagaland,” Shaikh entreated.