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Supreme Court slams Assam government for not deporting persons declared as foreigners

The court dismissed Assam’s claim that deportation was impossible due to undisclosed foreign addresses and directed the government to begin deportation of 63 detainees within two weeks.

Reported By : Atul Bhatia Edited By : Nitin Kumar
New Delhi
Published : Feb 04, 2025 12:10 IST, Updated : Feb 04, 2025 14:02 IST
Supreme Court
Image Source : FILE PHOTO REPRESENTATIVE PICTURE

The Supreme Court on Tuesday strongly criticized the Assam government for its inaction in deporting individuals who have been officially declared as foreigners. The court questioned the state’s decision to keep these individuals in detention centers indefinitely, calling it a violation of their rights.

 

Court orders status report on deportation and citizenship verification

The Supreme Court directed the Assam government to submit a status report within two weeks regarding the deportation of foreigners held in detention centers. Additionally, the court asked for an update on the verification of citizenship status for other individuals.

The court raised concerns about the Assam government’s argument that deportation was not possible due to the lack of knowledge about the foreign addresses of the detained individuals.

Supreme Court questions Assam’s approach on deportation

The court questioned Assam’s stance, with Chief Secretary of Assam being asked why the government was waiting for the local addresses of the detainees. "Once someone is declared a foreigner, they should be immediately deported. It doesn’t matter if you know their local address. You cannot hold them indefinitely. It is up to the other country to decide where they should go," the Supreme Court remarked.

The court suggested to the Assam government’s lawyer that deportation could be done to the capital city of the respective country. For instance, if the person is from Pakistan, the lawyer was asked if they knew the capital of Pakistan. "How can you keep them in detention indefinitely, citing the lack of a foreign local address?" the court asked.

Court issues warning to Assam government

The Supreme Court warned the Assam government that it could issue a notice for false testimony. The bench emphasised that as a state government, Assam must clarify its position on the matter.

State’s 'inaction' raises concerns over prolonged detention

In response, advocate Colin Gonsalves, representing the petitioner, pointed out that these individuals were caught between two nations: India claims they are not Indian, while Bangladesh refuses to accept them as Bangladeshis. These individuals have been detained for 12 to 13 years, and Bangladesh has repeatedly stated it would not accept people who have been living in India for many years.

The Supreme Court noted the significant cost of detaining these individuals for such a long period and questioned why the government seemed unaffected by the issue.

 

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