Supreme Court Criticizes Assam for Indefinite Detention of Illegal Immigrants
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Synopsis
On February 4, the Supreme Court admonished the Assam government for the indefinite detention of illegal immigrants and the failure to deport them due to missing foreign addresses. The court mandated that deportation procedures begin immediately, emphasizing the need for a logical approach to managing the status of these individuals.
Key Takeaways
- Supreme Court orders Assam to begin deportation of illegal immigrants.
- Indefinite detention criticized as violating rights.
- Government must provide detailed nationality verification process.
- Solicitor General to collaborate with external affairs for solutions.
- Next hearing scheduled for February 25.
New Delhi, Feb 4 (NationPress) The Supreme Court on Tuesday criticized the Assam government for detaining illegal immigrants in detention centers indefinitely without deporting them due to the absence of their foreign addresses.
A panel of Justices Abhay S. Oka and Ujjal Bhuyan informed the Chief Secretary of Assam, who attended virtually following a prior court directive, that once these individuals are recognized as foreigners, they cannot be held indefinitely.
"Once they are identified as foreigners, they should be deported immediately. You are aware of their citizenship status. Why wait for their address? The other nation will determine their destination," Justice Oka emphasized.
Rejecting the argument that deportation is impossible without specific addresses, the apex court stated that these foreigners should be sent back to their capital city.
"When a person is declared a foreigner, the next logical action must be taken," the court remarked. Solicitor General Tushar Mehta, the second-highest legal officer in the central government, mentioned that he had consulted with the highest executive authority of Assam and would present consolidated documents after discussions with relevant officials.
SG Mehta committed to collaborating with officials from the Union Ministry of External Affairs to find a resolution.
In its ruling, the Supreme Court directed the Assam government to initiate deportation processes, even without the addresses of those detained in foreign detention centers.
Furthermore, it instructed the state to submit a comprehensive affidavit regarding the nationality verification procedure within two weeks.
In the interim, the court urged the Assam government to establish a committee of officials to inspect the detention centers and ensure that all facilities are in proper condition. The case will be reviewed again on February 25.
Recently, Justices J.B. Pardiwala and R. Mahadevan of the apex court questioned the government about the rationale behind detaining hundreds of illegal Bangladeshi immigrants in detention camps indefinitely after they have served their sentences under the Foreigners Act, 1946.
They also requested data on illegal immigrants currently housed in various detention camps or correctional facilities after completing their sentences under the Foreigners Act.
"We seek clarification from the authorities: once an illegal immigrant from Bangladesh has been convicted for the alleged offense, doesn't this confirm that they are not citizens of India? What is the rationale for retaining hundreds of such individuals in detention camps indefinitely?" the Supreme Court inquired.
