Supreme Court Questions Assam On Prolonged Detention Of Foreign Nationals

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The Supreme Court criticized Assam’s affidavit regarding the detention of 270 foreign nationals, including 66 Bangladeshis, at a transit camp. The court found the affidavit insufficient, lacking justifications for prolonged detention and deportation steps. It ordered the Chief Secretary to appear on February 5 to explain the state’s compliance failures and confidentiality claims.

Supreme Court Questions Assam on Prolonged Detention of Foreign Nationals | Seeks Explanation from Chief Secretary

NEW DELHI: The Supreme Court on Tuesday expressed serious dissatisfaction with the Assam government’s affidavit on the detention of foreign nationals at a transit camp. It directed the Chief Secretary of Assam to appear via video conferencing on February 5 to explain the state’s non-compliance with the court’s previous orders seeking detailed information.

A bench comprising Justices Abhay S. Oka and N. Kotiswar Singh issued the direction while addressing the detention of 270 foreign nationals, including 66 individuals from Bangladesh, at the Matia Transit Camp in Assam. The court had earlier sought an explanation on the state’s plan to deport these individuals, but the affidavit failed to justify their prolonged detention or outline specific deportation measures.

Court Criticizes Assam’s Affidavit

In its order, the bench remarked,

“Time of six weeks was granted to the state to file a compliance affidavit. We expected the state to put on record reasons for detaining 270 foreign nationals in the transit camp and details of the steps taken for their deportation. The affidavit does not provide any justification for this detention, nor does it detail any steps taken. This is a gross violation of the court’s orders.”

Highlighting the plight of some detainees who have been held for over 10 years, the court termed the situation “a sad state of affairs” and emphasized that prolonged detention without initiating deportation violates Article 21 of the Constitution, which guarantees the right to life and liberty.

Confidentiality Claim Dismissed

The Assam government’s counsel requested that the affidavit be kept in a sealed envelope, citing “sensitive” contents, including addresses of the foreign nationals. However, Justice Oka questioned this stance, remarking, “Prima facie, we disagree that there is anything confidential about the contents of the affidavit.” The court directed the Chief Secretary to justify the confidentiality claim in a separate affidavit.

Prolonged Detention and Pending Deportation

The court demanded answers on why deportation had not begun for individuals declared as foreigners by the Foreigners’ Tribunal. While Assam’s counsel explained that deportation involves coordination with the Union government and verification through diplomatic channels, the bench was unconvinced, stating,

“Why is this procedure not being followed? They are detained at the state’s expense. There is no responsibility on your part?”

Justice Oka also noted that the affidavit was silent on key aspects such as:

When the identity verification process began.
Why it remains incomplete for 203 individuals.
What follow-up actions the state has taken.

The bench emphasized that nationality verification should not be an indefinite process, pointing out that even if addresses are unavailable, nationality is known for many detainees.

Earlier Court Observations

May 2024: The court directed the Union government to expedite the deportation of 17 declared foreigners with no pending cases.
July 2024: The court flagged poor conditions at detention centers, highlighting issues such as inadequate water supply and poor sanitation.
October 2024: Assam was ordered to allow unannounced inspections of the Matia Transit Camp to verify improvements in living conditions.
December 2024: The state was directed to provide a detailed affidavit with detainee names, reasons for detention, and steps taken for deportation.