New Delhi, Feb 4 (PTI) – The Supreme Court on Tuesday strongly reprimanded the Assam government for indefinitely detaining individuals declared as foreigners and failing to deport them. Expressing discontent over the state’s inaction, a bench comprising Justices Abhay S Oka and Ujjal Bhuyan criticized Assam for suppressing facts and failing to take necessary steps for deportation.
"Are you waiting for some muhurat (auspicious time)?" the bench questioned, emphasizing that once detainees were identified as foreigners, they should be immediately deported.
Court Questions Assam’s Excuse for Delayed Deportation
The court expressed shock at the Assam government’s justification that nationality verification forms were not being sent to the Ministry of External Affairs (MEA) because the detainees’ foreign addresses were unknown."You have refused to start deportation, saying their addresses are not known. Why should that be our concern? You deport them to their foreign country," the bench remarked.
Highlighting the constitutional rights of detainees, the court noted that indefinite detention violated Article 21 of the Constitution. It sought clarity on the number of foreign nationals deported so far from Assam’s detention centers.
Supreme Court Issues Directives for Immediate Action
Taking a stern stance, the Supreme Court directed the Assam government to initiate the deportation of 63 declared foreign nationals whose nationalities were verified and submit a compliance report within two weeks."If nationality verification forms were sent two months ago, the state must immediately issue a reminder to the MEA. Upon receiving such reminders, the MEA must take prompt action based on nationality verification," the bench ordered.
Assam Chief Secretary Questioned for Delay
During the proceedings, Assam Chief Secretary Dr. Ravi Kota, appearing via video conferencing, was grilled for the government’s failure to deport detainees despite clear legal mandates. The bench reminded the official that deportation was possible even without specific addresses."You deport them to the capital city of the country. Suppose the person is from Pakistan, you know the capital city of Pakistan? How can you justify indefinite detention just because the foreign address is not known?" the bench asked.
It further pointed out the financial burden on the state exchequer due to prolonged detention, questioning why the government was not concerned about unnecessary expenditure.
Bangladesh’s Refusal to Accept Detainees
Senior advocate Colin Gonsalves, representing the petitioner, stated that Bangladesh had refused to accept many detainees as its citizens."My information is that Bangladesh is declining to take them back, arguing that they are not Bangladeshis. India denies they are Indian, leaving them stateless. Some detainees have been in custody for over ten years," Gonsalves told the court, adding that many detainees were Rohingyas.
He urged the Centre and Assam government to disclose the truth regarding the detainees' nationalities.
Centre Assures Court of Diplomatic Intervention
Solicitor General Tushar Mehta admitted shortcomings in Assam's affidavit and assured the court that he would engage with senior officials to resolve the issue."Let me discuss this with the MEA. Deportation is a diplomatic matter, and I will ensure that all necessary steps are taken," Mehta said.
The Supreme Court also directed the Centre to furnish details on past deportations and present a plan for handling detainees whose nationality remains unknown.
Ongoing Legal Scrutiny of Assam’s Detention Practices
This development follows the Supreme Court’s January 22 criticism of Assam’s “defective” affidavit, which failed to provide justification for the continued detention of 270 foreigners at the Matia transit camp.The court also instructed the Assam State Legal Services Authority to conduct surprise visits to Matia transit camp to assess hygiene and food quality.
Earlier, on May 16, 2023, the court had urged the Centre to prioritize deporting 17 foreigners at Matia detention center, especially those detained for over two years.
Next Hearing on February 25
The case, which concerns the deportation of declared foreigners and the conditions of detention centers in Assam, will be heard again on February 25, when the Centre and Assam government are expected to submit their compliance reports.
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