“Are you waiting for an auspicious time?” Supreme Court rebukes Assam over failure to deport declared foreigners.
BY PC Bureau
The Supreme Court on Tuesday expressed strong displeasure with the State of Assam for its failure to deport persons declared as foreigners, citing indefinite detentions in state detention centers. The court directed the immediate deportation of 63 declared foreigners whose nationalities are known and ordered a compliance report within two weeks.
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan rebuked Assam’s Chief Secretary Dr. Ravi Kota, who appeared virtually, for claiming that deportation efforts were stalled due to the absence of the detainees’ foreign addresses. Justice Oka questioned, “Why should it be our concern? Deport them to their foreign country. Are you waiting for some muhurat (auspicious time)?”
The Court emphasized that indefinite detention violated constitutional rights and insisted that foreign nationals, once identified, must be deported without delay. The bench dismissed the State’s request for more time to submit a detailed affidavit, calling its current submission “per se defective” for lacking basic information.
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Solicitor General Tushar Mehta, representing the Union Government, assured the Court that he would coordinate with the Ministry of External Affairs to expedite deportation efforts and provide consolidated documentation on the status of detainees. “Your Lordship’s concerns are well received… I will speak with the highest authorities,” Mehta said.
“Waiting For Muhurat?” Supreme Court Asks Assam To Deport 63 People – https://t.co/9WC8mY8ti8 pic.twitter.com/otYadDtEA7
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Senior Advocate Colin Gonsalves, representing a detainee, highlighted that many individuals had languished in detention for over a decade due to disputes between India and Bangladesh regarding their citizenship status. “They have become stateless. Bangladesh refuses to accept those who have lived in India for years, while India denies their citizenship,” Gonsalves submitted.
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The Court stressed that Assam must immediately issue reminders to the Ministry of External Affairs (MEA) for nationality verification cases pending for over two months and ensure that adequate facilities are maintained at detention centers. The bench ordered the formation of a committee to inspect the centers fortnightly.
In its directive, the Court emphasized, “Even if the address of these persons is not available, the State is aware of their nationality. The deportation process must begin immediately for the 63 individuals.”
The Union Government was also tasked with providing details of deportations completed so far and explaining its strategy for dealing with cases where detainees’ nationalities remain unknown.
The case will be revisited on February 25 to assess Assam’s compliance with the Court’s directives.
