Supreme Court Slams Assam Over Foreigners’ Deportation Delay.

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Supreme Court Slams Assam Over Foreigners' Deportation Delay.
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The Supreme Court of India on Tuesday strongly reprimanded the Assam government for failing to take action in deporting individuals declared as foreigners. These individuals have been kept indefinitely in detention centers without any further steps taken for their removal.

A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuiyan delivered a scathing remark during the hearing, asking the Assam government, “Which Muhurta (auspicious time) are you waiting for?” The court stressed that once a person is legally declared a foreigner, their deportation should happen immediately.

Supreme Court Rejects Assam Government’s Justification

The Assam government attempted to justify the delay by claiming that the foreign addresses of the detainees were unknown, making it difficult to initiate the deportation process. However, the Supreme Court dismissed this argument as completely unacceptable.

Key observations by the Supreme Court:

  • “Can ‘foreign address not known’ be a valid reason for not deporting someone?”
  • “Once you declare someone a foreigner, the next logical step is deportation.”
  • “You cannot keep them in detention indefinitely. Article 21 (Right to Life and Liberty) of the Constitution applies.”

The bench directed the Assam government to start the deportation process of 63 individuals currently held in detention centers within two weeks and submit an affidavit regarding the implementation of this order.

Court Criticizes Assam Government’s Approach

During the hearing, the Assam Chief Secretary appeared via video conferencing, but the Supreme Court remained firm in its stance.

When the Assam government’s counsel asked where they should deport individuals if their foreign address is unknown, Justice Oka sharply responded:

  • “Send them to the capital of that country.”
  • “For example, if the person is from Pakistan, do you know the name of Pakistan’s capital?”

This remark underscored the lack of initiative on the part of the Assam government in addressing the issue.

Statelessness Crisis: The Legal Dilemma

One of the major challenges raised in the case is the statelessness of the detainees.

  • Senior advocate Colin Gonsalves, representing the petitioner, pointed out that the Bangladesh government refuses to accept these individuals as its citizens.
  • On the other hand, India does not recognize them as Indians, creating a situation where these individuals remain in indefinite detention without nationality.

Legal Experts and Human Rights Concerns

Prominent lawyer Shadan Farasat also weighed in, stating:

  • “The government is only determining that these people are not Indians, but they are not confirming which country they belong to. That is why this issue persists.”

This legal gap has led to several detainees being held for over 12-13 years, a clear violation of human rights under Article 21 of the Indian Constitution.

Supreme Court’s Directive to Assam Government

The Supreme Court has ordered the Assam government to:

✔ Immediately start deportation of the 63 detainees.
✔ Submit a compliance report within two weeks.
✔ Ensure a structured process for future deportations.

The next hearing is scheduled for February 25, 2025.

Financial Burden on the Government

Justice Oka also pointed out that keeping these individuals in custody for over a decade has resulted in a huge financial burden on the state. He criticized the Assam government for wasting government resources instead of taking decisive action.

What Happens Next?

With the Supreme Court issuing strict orders, the Assam government will have to take immediate action in processing the deportation of the 63 detainees. The case also highlights India’s larger immigration challenges and the legal loopholes that have left hundreds of individuals stateless for over a decade.

As the February 25 hearing approaches, all eyes will be on the Assam government to see if it follows through with the Supreme Court’s strong directive.

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