New Delhi: The Supreme Court on Tuesday strongly criticized the Assam government for failing to deport individuals declared as foreigners, directing the state to start the deportation process immediately, even in the absence of foreign addresses.
A Bench of Justices AS Oka and Ujjal Bhuyan rebuked the state government, questioning the prolonged detention of such individuals. Addressing Assam’s Chief Secretary, who appeared virtually, the Court stated:
“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. 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.”
When the state’s counsel asked where these individuals should be deported without a confirmed address, Justice Oka responded sharply:
“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 also criticized the Assam government for not disclosing the full facts of the case, warning of serious consequences.
“We will issue a perjury notice to you (Assam government). As a State government, you are supposed to come clean.”
Solicitor General Tushar Mehta intervened, acknowledging lapses and assuring the Court that he had spoken to the highest executive authority to resolve the matter.
“There may be some lacunae, my apologies,” Mehta said, adding that he would sit with Union Ministry of External Affairs (MEA) officials to find a solution since deportation is not a State subject.
The Court also raised concerns about the financial burden on the state exchequer for detaining these individuals indefinitely.
“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,” Justice Oka observed.
Following these deliberations, the Supreme Court directed Assam to:
- Begin the deportation process without waiting for foreign addresses.
- Submit a detailed affidavit on nationality verification, including dates of actions taken, within two weeks.
- Ensure improved conditions in detention centres, with a committee inspecting facilities every fortnight.
Additionally, the Central government was given a month to clarify how to handle stateless individuals.
The matter is scheduled for further hearing on February 25.
Case: Rajubala vs Union of India – Available on LAWFYI.IO
