Detection & expulsion of illegal migrants
Staff Reporter
Guwahati: The Gauhati High Court on Wednesday issued a notice to the Government of India, seeking its view on not placing undue reliance on the Foreigners (Tribunals) (FT) Order, 1964. The centre has been requested to respond to this by the next date of hearing in a PIL on December 3, 2025.
The bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury issued the notice after the hearing of a public interest litigation (Case No.: PIL/40/2025) filed by Palash Ranjan Baruah, demanding the issue of a mandamus on the detection and expulsion of illegal migrants who entered Assam after March 25, 1971, in accordance with the Foreigners Act, 1946, and the Illegal Migrants (Expulsion from Assam) Act, 1950, without unnecessary recourse to the Foreigners (Tribunals) Order, 1964.
The petitioner stated that it was an undisputed fact that Assam had been a mute spectator to millions of East Pakistani/Bangladeshi nationals having illegally crossed over in the post-partition era. Such illegal entry into India was unconstitutional at the inception, and it continues to be so to date. These "illegal immigrants" have stealthily sneaked in through the porous Indo-Bangla border and entered Assam. It is believed that initially such illegal migration was driven by economic reasons. However, taking advantage of the lack of adequate protection of the international border, such illegal migration of Bangladeshi nationals into Indian territory continues unabated even today.
The petitioner further pointed out that due to the complete lack of political will to tackle such 'external aggression' by the Bangladeshi nationals, these people continued to remain on Indian soil for many past years, thereby posing a serious threat to the question of the identity of the indigenous people of Assam as well as the security of the nation. The entire demographic pattern of the region has virtually undergone an irreversible change. These illegal immigrants have now turned into "vote banks" and are being exploited by the political parties for gaining power both at the centre and in the state.
The petitioner further submitted that the Supreme Court, in the case of Vineet Narain v. Union of India reported in (1998) 7 SCC 226, recognised that a continuing mandamus is appropriate where fundamental rights are threatened by persistent executive inaction.
The petitioner therefore prayed that this Court issue a continuing mandamus directing the respondents to exercise their executive powers under the Illegal Migrants (Expulsion from Assam) Act of 1950 and the Foreigners Act of 1946 to detect and expel illegal migrants who entered Assam after March 25, 1971, without unnecessary reference to the Tribunals unless a genuine citizenship dispute arises.
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