The Supreme Court of India has strongly reprimanded the Assam government for failing to take necessary steps to deport individuals who have been officially declared as foreigners. The court expressed its dissatisfaction over the state’s explanation that the deportation process was stalled due to the unavailability of the foreign addresses of these detainees. The bench directed the Assam government to begin the deportation process for 63 individuals whose nationality is known and submit a status report within two weeks.
A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan criticized the state’s approach, calling the affidavit filed by the Assam government "per se defective" for failing to provide necessary details.
"You have refused to start deportation saying their addresses are not known. Why should it be our concern? You deport them to their foreign country. Are you waiting for some muhurat (auspicious time)?" – Justice Abhay S. Oka
Justice Oka further emphasized that indefinite detention cannot be justified merely because the exact foreign address is unknown.
"Once they are held to be foreigners, they should be deported immediately. You know their citizenship status. Then how can you wait till their address is received? It is for the other country to decide where they should go." – Justice Oka
The court suggested that, if necessary, these individuals could be deported to the capital city of their respective countries instead of keeping them in detention centers indefinitely.
Senior Advocate Shadan Farasat, representing one of the detainees, pointed out that the authorities merely establish that these individuals are not Indian citizens but do not determine their actual nationality. This creates a legal vacuum, making deportation a complex issue.
"What they determine is that they are not Indian. They are not determining what is their nationality. That is why they are struggling." – Senior Advocate Shadan Farasat
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Justice Bhuyan stressed that once a person is declared a foreigner, the logical next step is deportation, and indefinite detention violates Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
Senior Advocate Colin Gonsalves, representing the petitioner, informed the court that Bangladesh has reportedly refused to accept these individuals as their citizens, leading to their indefinite detention in India.
"My information is that attempts are being made to figure out if Bangladesh will take these people out. Bangladesh is refusing. India says they are not Indians. Bangladesh says they are not Bangladeshis. They have become stateless. They are in detention for 12, 13 years." – Senior Advocate Colin Gonsalves
Solicitor General (SG) Tushar Mehta, appearing for the Union Government, acknowledged the court’s concerns and assured that he would discuss the matter with the highest authorities.
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"Your lordship’s concerns are well received... I will sit with the concerned officers and file consolidated documents." – SG Tushar Mehta
Justice Oka pointed out that the prolonged detention of these individuals was also a financial burden on the state exchequer.
In its order, the bench recorded its dissatisfaction with the Assam government’s affidavit, stating:
"It was as vague as its earlier affidavits."
The court directed that the Assam government must immediately start the deportation process for the 63 individuals whose nationality is confirmed, even if their exact addresses remain unknown. The bench further observed that the state's vague claim of sending "nationality verification forms" to the Ministry of External Affairs (MEA) lacked crucial details such as the date of submission.
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The court ordered the following actions:
- The Assam government must file a compliance affidavit within two weeks.
- The Assam government must file a compliance affidavit within two weeks.
- If nationality verification forms were sent two months ago, the state must send an immediate reminder to the MEA.
- The MEA must take effective action based on nationality verification results.
- The Assam government must ensure that detention center facilities are well-maintained by forming a committee that will inspect them every fortnight.
- The Union government must provide details of deportations carried out so far and clarify how it plans to deal with cases where nationality remains unverified.
The matter has been scheduled for further hearing on February 25, during which the court will review the compliance affidavit submitted by the Assam government.
