The Supreme Court on Tuesday came down heavily on the Assam government for detaining persons identified as foreigners indefinitely and not taking steps for their deportation. The apex court directed the state government to start measures for the deportation of 63 migrants within two weeks and also directed Centre to file an affidavit in this regard.
Hearing the matter, A bench of justices Abhay S. Oka and Ujjal Bhuyan rapped the state government and steps should have been taken immediately to deport individuals identified as foreign nationals. The bench asked, "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 said instead of waiting for the local addresses of foreigners, they should be deported to the capital of the particular country. The bench criticised the Assam government for filing a “vague” affidavit and said it was suppressing facts.
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Dictating the order, the bench said, “When we asked the chief secretary of Assam, who was present through VC, whether the nationality of persons restrained are known, he answered affirmatively. If it is known that persons in serial numbers 1 to 63 are citizens of a particular country, there is no reason why the State of Assam cannot start the procedure for the deportation,” Live Law reported. “We direct the State to immediately start the process of deportation in respect of persons at serial number 1 to 63,” it added.
“Union of India will have to tell the Court in what manner the cases of persons (whose nationality is not known) are to be dealt with as they are neither Indian nationals nor their citizenship status is known. We grant time of one month to the Union to file an affidavit,” the bench said.
The bench will next hear the case on February 25. The Court also directed the Assam government to form a committee that will visit the transit camps/detention centres once in a fortnight and ensure proper facilities are available.
