Declared Foreigners’ Addresses can’t be a Bar for Deportation: Supreme Court

Staff Reporter

GUWAHATI: The Supreme Court has pooh-poohed the Assam government’s claim that they could not deport declared and detained foreigners to their respective countries because of not getting their addresses in their countries.

The apex court said that even without the addresses of the foreigners, the government could deport them. “Once they are held to be foreigners, they should be deported immediately. You know the status of their citizenship. Then how can you wait till their addresses are received? You deport them to the capital city of the country. How can you keep them detained here, saying their foreign addresses are not known? You would never know their addresses,” the bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan said today.

The Supreme Court directed the Assam government to deport 63 declared foreigners within two weeks.

The bench also questioned Assam’s claim that deportation was impossible due to the migrants’ undisclosed foreign addresses, stating that even without addresses, deportation is possible.

“You have refused to start deportation, saying that 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)?” the bench told Assam’s Chief Secretary.

The bench told Solicitor General of India Tushar Mehta that Assam is indulging in suppression of facts. Mehta said 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.”

“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,” Mehta replied when the bench asked him if the Union government had started the process of deportation.

 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 directed the Union government to give details within one month regarding the persons deported so far and to clarify how to handle stateless individuals. It ordered Assam to ensure better conditions in detention centres, forming a committee to inspect facilities fortnightly.

The matter is listed for further hearing on February 25.

The apex court was hearing a petition in connection with the deportation of persons declared as foreigners and the facilities provided at the detention centres in Assam.

 Also Read: Cloud over plight of over 20,000 ‘undocumented’ Indians: Foreign affairs expert Robinder Nath Sachdev

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