NEW DELHI: The Supreme Court on Tuesday slammed the Assam government over its failure to deport foreigners after they were declared as illegal immigrants.
The court sought to know the reasons for the government on dragging its feet.
SC Criticizes Assam Govt Over Delayed Deportation of Illegal Immigrants
"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," a bench of Justices Abhay S Oka and Ujjal Bhuyan told the state government.
The court directed the Assam government to initiate the process to deport 63 persons, who are detained as foreigners, to their native country.
Supreme Court Orders Immediate Deportation of Foreigners in Assam
"Are you waiting for some muhurat," the bench asked the state government over the issue of deportation those detained as foreigners.
The court observed even without an address, the state can deport them.
The court was hearing a plea by Rajubala in connection with the issue of deportation of foreigners.
The bench said those people can be deported to the capital city of the country. "Suppose the person is from Pakistan and you know the capital city of Pakistan? So you send him or her to the capital city of Pakistan," the bench said.
"How can you keep them detained here, saying their foreign address is not known? Why have you not mentioned the date on which the verification was sent to the MEA," the bench asked the state government.
As the state counsel sought some time to file a proper affidavit in the matter, the bench told him, "We will issue a perjury notice to you (Assam government). As a State government, you are supposed to come clean."
Solicitor General Tushar Mehta said that he would sit with the officials of the Ministry of External Affairs and find a solution, since the issue was not a State subject.
The Chief Secretary of Assam was present for the hearing virtually in the case.
The court gave the central government a month's time to clarify how to handle stateless individuals.
It also ordered the Assam government to ensure better conditions in detention centres, forming a committee to inspect facilities fortnightly, and fixed the matter for further hearing to February 25.
"We direct the State of Assam to file a proper affidavit reporting compliance with this order. If the State government finds that nationality verification forms have been sent two months back, the State will immediately issue a reminder to MEA. As soon as such reminder is received by the MEA, effective action shall be taken by the Ministry on the basis of nationality status verification," the court said in the order.
The court noted there are two categories of foreigners, one category is where the persons are declared not Indian nationals but their nationality is known, and the other category is where the tribunal has declared that the persons are not Indian nationals and their nationality is not known.
“As far as the first category is concerned it poses no difficulty, as far as their deportation is concerned. Regarding the second category, the Centre will have to tell the court in what manner their cases should be dealt with. We grant time of one month to the Union of India to file an affidavit dealing with this issue," the bench said.
The Union of India will also place on record the details of declared persons who are not Indian nationals and details of the persons who have been so far deported. Details about the manner of deportation shall also be stated and the figures should also be disclosed, the bench added.
