Key Takeaways
- The Supreme Court has directed the Assam government to immediately commence the deportation process of declared foreigners.
- The Court has emphasized the urgency of deportation, even without a foreign address.
- The Central government has been given a month to clarify procedures for handling stateless individuals.
New Delhi: The Supreme Court on Tuesday reprimanded the Assam government for its inaction in deporting individuals declared as foreigners.
A bench comprising Justice AS Oka and Justice Ujjal Bhuyan criticized the state for indefinite detention of such individuals, emphasizing the urgency of deportation regardless of address verification.
“Even without an address, you can deport them. You can’t continue to detain them indefinitely. Once they are held to be foreigners, they should be deported immediately. It is for the other country to decide where they should go,” the bench remarked.
When Assam’s counsel questioned how deportation could occur without a foreign address, Justice Oka retorted, “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?”
The Court sought an explanation from the Assam government as to why the verification dates had not been shared with the Ministry of External Affairs (MEA). This is a critical issue that needs to be addressed to ensure the deportation process is smooth.
As counsel requested more time to file a proper affidavit, the Court warned of issuing a perjury notice, stressing that the state government must be transparent. Solicitor General Tushar Mehta intervened, apologizing for administrative lapses.
“I have spoken to the highest executive authority. There may be some lacunae; my apologies,” Mehta said, assuring the Court of coordination with MEA officials to address the issue diplomatically.
Justice Oka expressed concern over the financial burden on the state exchequer due to prolonged detentions, observing, “This concern doesn’t seem to be affecting the government.”
The Court directed Assam to immediately commence the deportation process without waiting for foreign addresses. It also instructed the state to file a detailed affidavit within two weeks, outlining the nationality verification process with specific dates of actions taken.
The Central government was given a month to clarify procedures for handling stateless individuals. Additionally, Assam was ordered to improve conditions in detention centres and form a committee to conduct fortnightly inspections.
The matter is scheduled for further hearing on February 25.
