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Updated 15:59 IST, February 4th 2025

'Are You Waiting For Some Muhurat': SC Questions Assam Govt For Not Deporting Foreigners

The SC criticised the Assam government for indefinitely detaining declared foreigners instead of deporting them, asking, "Are you waiting for some muhurat?"

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SC Slams Assam Govt For Not Deporting Foreigners | Image: PTI

New Delhi: "Are you waiting for some muhurat", the Supreme Court on Tuesday asked the Assam government, which was censured for keeping persons declared foreigners in detention centres indefinitely and not deporting them.

Observing that the Assam government was withholding crucial information, a bench of Justices Abhay S. Oka and Ujjal Bhuyan emphasized that foreign detainees must be deported as soon as they are identified.

"You have refused to start deportation saying their addresses are not known. Why should it be our concern? You deport to their foreign country. Are you waiting for some muhurat (auspicious time)?" the bench questioned.

The Supreme Court expressed surprise over Assam’s explanation that it was not submitting nationality verification forms to the Ministry of External Affairs because the detainees' addresses in their home countries were unknown.

Sc Orders Immediate Action

"Once you declare a person a foreigner, then you have to take the next logical step. You cannot detain them till eternity. Article 21 of the Constitution is there. There are many foreigner detention centres in Assam. How many have you deported?" the bench asked the Assam government counsel.

The court ordered the Assam government to begin the deportation process for 63 foreign nationals whose nationalities had been confirmed and submit a status report within two weeks.

Govt Directed to File a Compliance Report

"We direct the state to file a proper affidavit reporting compliance with this order. If the state government finds that nationality verification forms have been sent two months back, the state will immediately issue a reminder to Ministry of External Affairs. As soon as such reminder is received by the ministry, effective action shall be taken by the Ministry on the basis of nationality status verification," the court stated.

Chief Secretary Questioned Over Prolonged Detention

During the hearing, Assam Chief Secretary Dr. Ravi Kota, who appeared via video conference, was questioned over the delay in deporting detainees.

"Even without an address, you can deport them. You can't continue to detain them indefinitely," the bench told him.

The Assam government’s legal counsel expressed difficulties in deporting individuals without verified addresses.

Court Suggests Alternative Deportation Measures

"You deport them to the capital city of the country. Suppose the person is from Pakistan, you know the capital city of Pakistan? How can you keep them detained here saying their foreign address is not known? You would never know the address," the bench responded.

The court also criticized the financial burden on the state, noting that the prolonged detention of these individuals had continued for years without concern from the government.

Detainees’ Nationality Dispute Between India and Bangladesh

Senior advocate Colin Gonsalves, representing the petitioner, argued that Bangladesh had refused to accept the detainees as its citizens.

"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 over 10 years. Bangladesh says they won't accept anyone who lived in India for many years," he informed the bench.

Gonsalves further claimed that the detainees were Rohingyas and urged the authorities to reveal the full truth to the court.

Centre Promises Detailed Response

Solicitor General Tushar Mehta acknowledged shortcomings in Assam's affidavit and assured the court that he would discuss the matter with senior officials and provide a detailed response.

"Let me sit with the Ministry of External Affairs. It is not a state subject. It is a central subject which is diplomatically dealt with the Centre. I will speak with the official concerned," Mehta said.

The Supreme Court directed the Centre to provide details of all deported individuals so far and explain how it planned to handle detainees whose nationality remained unverified. The case will be heard again on February 25.

Previous Court Observations on Detention Centres

Earlier, on January 22, the court had criticized the Assam government for filing a "defective" affidavit that failed to explain why 270 foreign nationals were still being detained at the Matia transit camp. It also instructed the Assam State Legal Services Authority to conduct surprise inspections at the facility to check hygiene and food quality.

The case concerns the deportation of individuals declared foreigners and the conditions at Assam's detention centers. In a May 16, 2023 hearing, the apex court had directed the Centre to expedite the deportation of 17 detainees from the Matia center, prioritizing those held for more than two years.

The plea also sought a directive preventing the Assam government from detaining any person declared a foreigner unless there was concrete evidence of a realistic possibility of deportation in the near future.

(With PTI inputs)

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Published 15:59 IST, February 4th 2025