SHILLONG — The Meghalaya High Court has drawn a line between imprisonment and prolonged detention, ordering the release of Nigerian national Godfrey Albert Decker from Shillong Jail after finding that the sentence imposed on him had already been completed.
A division bench of Chief Justice Revati Mohite Dere and Justice W. Diengdoh passed the order while hearing a habeas corpus petition filed by Decker’s wife, Aruna Phanbuh, who challenged his continued detention.
Decker completed the prison term on August 18, 2026, but remained behind bars while the authorities pursued his deportation. The State did not dispute that he had served the sentence, but told the court that the deportation process was underway.
The case dates back to June 2012, when an FIR was registered against Decker under Section 14 of the Foreigners Act, 1946, along with Sections 468 and 471 of the IPC. The trial court later acquitted him of the IPC charges but convicted him under the Foreigners Act.
On February 22, 2018, he was sentenced to one month of simple imprisonment and fined ₹5,000. Failure to pay the fine carried another 15 days of imprisonment. His appeal was dismissed in April 2019, while a subsequent revision petition before the High Court was dismissed by a Single Judge on July 28, 2026, following which he surrendered.
His wife’s counsel told the court that Decker had remained on bail throughout the proceedings and faced difficulties obtaining a visa because his passport had been seized and was still with the trial court.
Decker and Phanbuh married in 2012 and have two children, aged 13 and three.
The High Court ordered his release after taking note of the circumstances and Phanbuh’s willingness to stand surety. She was directed to furnish ₹25,000 security to the satisfaction of the trial court.
Decker’s release comes with conditions. He must report to Nongthymmai Police Station every alternate day until further orders.
The court has listed the matter for October 15, 2026, leaving the deportation process and the remaining legal questions before it.
