Rely on Immigrants Expulsion Act, 1950, instead of FT Order, 1964: PIL in Gauhati HC

Staff Reporter

GUWAHATI: A division bench of the Gauhati High Court issued notices to the authorities concerned in the Assam and the Central governments to respond to a PIL (40/2025) that sought the Assam Police to set aside its continued reliance on the Foreigners (Tribunal) Order 1964 for detection of illegal migrants in Assam due to the continued illegal migration of foreigners into the state from the neighbouring country. The petitioner, Palash Ranjan Baruah, prayed before the court for a direction to the respondents – Secretary, Ministry of Home Affairs; Assam Chief Secretary; Assam DGP; and Border SP, Assam – to implement the mandate of the Immigrants (Expulsion from Assam) Act, 1950, by empowering the executive authorities to detect and deport illegal migrants without mandatory recourse to the Foreigners Tribunals.

 The court asked the respondents to respond to the notices within four weeks.

Deputy Solicitor General of India R.K.D. Choudhury said that he was awaiting instruction in that regard in the matter. Additional Sr Government Advocate, Assam, D.K. Sarmah said that he would obtain instruction in the matter on the next date.

The bench will hear the PIL on February 11, 2026.

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