New Delhi (India), February 4 (HBTV): The Supreme Court on Tuesday directed the Assam government to deport 63 declared foreigners within two weeks, expressing strong displeasure over the state's failure to take action and for keeping them in detention centres indefinitely.
A bench of Justices Abhay S Oka and Ujjal Bhuyan instructed the Assam government to initiate the deportation of these 63 persons held in detention centres within two weeks.
The apex court also questioned Assam's claim that deportation was impossible due to the migrants' undisclosed foreign addresses, stating that deportation can occur even without knowing the addresses.
'You have refused to start deportation, saying their addresses are not known. Why should it be our concern? You deport them to their foreign country. Are you waiting for some "muhurat" (auspicious time)? Even without an address, you can deport them. You can't continue to detain them indefinitely,' the bench told Assam's Chief Secretary.
The bench further stated, 'Once they are held to be foreigners, they should be deported immediately. You know their citizenship status. Then how can you wait till their address is received? It is for the other country to decide where they should go.'
The bench also told Solicitor General of India Tushar Mehta that Assam is indulging in suppression of facts. Mehta responded, saying he has spoken to the highest authority of the executive and 'there may be some lacunae.'
Justice Oka then observed, 'On the flip side, the state exchequer is spending on the persons detained for so many years. This concern doesn't seem to be affecting the government.'
The bench asked the Solicitor General if the Union government had started the process of deportation. Mehta replied, 'Let me sit with the Ministry of External Affairs. It is not a state subject. It is a central subject that is diplomatically dealt with by the Centre. I will speak with the concerned official.'
In its order, the top court recorded its dissatisfaction with Assam's affidavit, saying that 'it was as vague as its earlier affidavits.'
In the order, the bench noted that 'it is known that persons in serial number 1 to 63 are citizens of a particular country.' The court stated that there was no reason why the state of Assam could not start the deportation procedure.
'Even if the address of these persons in the foreign country is not available, as the state is aware that they are citizens of a particular country, we direct the state to immediately start the process of deportation in respect of persons at serial number 1 to 63,' the Supreme Court ordered.
The apex court further directed the Assam government to file a detailed affidavit within two weeks regarding the nationality verification process, including dates of actions taken.
The bench also instructed the Union government to provide details within one month regarding the persons deported so far and to clarify how to handle stateless individuals. The court ordered Assam to ensure better conditions in detention centres, forming a committee to inspect facilities fortnightly.
The matter was posted for further hearing on February 25.
The apex court was hearing a case related to foreigners detained in detention centres in Assam and seeking the release of individuals who have been held for more than two years. (ANI)