Supreme Court Informed About High-Level Review on Illegal Immigrant Deportation
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Synopsis
The Supreme Court has been informed that the deportation of illegal immigrants is a key issue under review at the highest executive levels, with a decision expected soon. Solicitor General Tushar Mehta has indicated significant developments may occur by March 21.
Key Takeaways
- Deportation of illegal immigrants is under high-level review.
- Supreme Court criticizes indefinite detention practices.
- Assam government mandated to initiate deportation procedures.
- Expectations of a resolution by March 21.
- Clarification sought on the detention of Bangladeshi immigrants.
New Delhi, Feb 25 (NationPress) Solicitor General Tushar Mehta informed the Supreme Court that the matter of deportation concerning illegal immigrants is currently under review at the highest executive level, with a decision anticipated shortly.
He conveyed this during a request to Justices Abhay S. Oka and Ujjal Bhuyan, seeking a postponement of the hearing regarding the prolonged detention of identified foreigners, indicating that a resolution on deporting individuals classified as foreigners in Assam is expected by March 21.
In response to this request, the apex court rescheduled the hearing for March 21.
During a previous hearing on February 4, the Justice Oka-led Bench criticized the Assam government for the indefinite detention of illegal immigrants and the failure to deport them due to the absence of foreign addresses.
It instructed the Assam Chief Secretary, who appeared virtually as per its directive, that once individuals are declared foreigners, they cannot be held 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," the apex court remarked.
Rejecting the argument that deportation requires actual addresses of illegal immigrants, it suggested that these individuals could be returned to their capital city.
"Once you declare a person as a foreigner, then you have to take the next logical step," it stated.
SG Mehta mentioned that he has consulted with the highest executive authority of the Assam government and will submit consolidated documents after discussing with relevant officials.
The law officer assured that he would also collaborate with officials from the Ministry of External Affairs to seek a resolution.
In its ruling, the Supreme Court mandated the Assam government to initiate deportation procedures even in cases where the addresses of detained individuals are unknown. It further ordered the state government to submit a comprehensive affidavit regarding the nationality verification process within two weeks.
In a separate case, a Bench of Justices J.B. Pardiwala and R. Mahadevan demanded clarification from the government regarding the rationale behind the indefinite detention of hundreds of illegal Bangladeshi immigrants, who have completed their sentences under the Foreigners Act, 1946.
They also requested data on illegal immigrants currently held in various detention camps and correctional homes after serving their full sentences under the Foreigners Act.
"We would like to understand from the respondents (authorities) that once an illegal immigrant from Bangladesh has been convicted for the alleged offence, is it not established that he is not a citizen of India? What is the idea of keeping hundreds of such illegal immigrants in detention camps/correctional homes for an indefinite period of time?" the top court inquired.
