The Supreme Court of India was apprised on March 21, 2025, that 13 out of the 63 Bangladeshi nationals detained at Assam’s Matia transit camp have been successfully deported. This information was submitted in an affidavit by the Assam government during the court proceedings.

A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan took note of the submission, confirming that the state government had documented the deportation in an official "handing over and taking over" note. The affidavit detailed that nationality verification (NSV) forms had been submitted to the Ministry of External Affairs (MEA) on February 14, 2025, with multiple reminders issued the same day.

"The court records that out of the individuals mentioned in our order dated February 4, 2025, 13 Bangladeshi nationals have been deported," the judges stated.

The Solicitor General, Tushar Mehta, further informed the court that the verification process for the remaining detainees is ongoing in coordination with the Bangladeshi High Commission. The Supreme Court has directed the Assam government to submit another affidavit by April 30, 2025, providing an update on the verification and potential further deportations. The next hearing is scheduled for May 6, 2025.

Read Also:- Supreme Court Clarifies Retention of Seized Property Under PMLA: Accused Need Not Be Named in Complaint

A key issue before the court is the status of individuals whose nationality remains uncertain. The Supreme Court had earlier questioned the Union government on its approach toward those declared as foreigners by the Foreigners Tribunals but whose nationality could not be definitively established.

“The Union of India must clarify its stance on individuals who have been declared non-Indian by the tribunals but whose home country has not been confirmed,”

the bench emphasized, granting the government until the end of April 2025 to file a response.

Case Background

Previously, on February 4, 2025, the Supreme Court criticized the Assam government for its inaction regarding detainees whose nationalities had already been verified. The state's justification—that it lacked foreign addresses for these individuals—was deemed inadequate.

Justice Oka remarked,

“If a person’s nationality has been confirmed, the state cannot keep them in detention indefinitely. They can be deported to their country’s capital if no specific address is available.”

Senior Advocates Shadan Farasat and Colin Gonsalves highlighted that some deportations were stalled because authorities only determined that individuals were not Indian citizens without verifying their actual nationality. Gonsalves also pointed out that Bangladesh had refused to accept certain detainees, effectively rendering them stateless.

Read Also:- Supreme Court Dismisses CBI Appeals in Kashmir University VC Murder Case, Highlights TADA Violations

The Solicitor General categorized detainees into two groups: those with confirmed nationality and those whose nationality remains unresolved. While the court acknowledged that the first category could be deported without issues, it stressed the need for the government to establish a clear policy for handling the second category.

The Supreme Court also took up a related petition concerning an individual named Naba Kumar Barua @ Anik, who was previously declared a foreigner by the Foreigners Tribunal in Assam. The Solicitor General acknowledged that the order against Barua could be set aside and suggested that he be given a fresh opportunity to contest his case.

Granting relief, the Supreme Court ruled:

“We hereby set aside the Foreigners Tribunal's order dated October 15, 2018, and restore the case. The applicant shall appear before the Tribunal on April 21, 2025, where he will be allowed to present his arguments and submit necessary documents.”

The court also permitted Barua to file an application for temporary release while his case is pending.

Additionally, the Supreme Court directed the Assam State Legal Services Authority to assist detainees who wish to challenge their foreigner status. This move aims to ensure that those wrongly detained have the opportunity to present their cases effectively.

Read Also:- Supreme Court Judges' Manipur Visit | Justice Gavai Stresses Legal and Humanitarian Support

With the matter set for further review on May 6, 2025, the Supreme Court awaits updated information from the Assam government and the Union of India regarding:

• The status of remaining detainees' nationality verification.
• Additional deportations completed by April 30, 2025.
• The government’s strategy for handling individuals whose nationalities remain unverified.

The court has also clarified that the pending High Court petitions filed by detainees will be adjudicated independently, irrespective of the ongoing Supreme Court proceedings.

Case no. – Writ Petition (Criminal) No. 234/2020

Case Title – Rajubala Das v. Union of India and Anr.