The Supreme Court scheduled a March 21 hearing to address the government’s compliance on deporting 270 foreign nationals from Assam, emphasizing human rights violations due to their indefinite detention and demanding progress updates.
The Supreme Court on Tuesday fixed March 21 as the next date for hearing the Union government’s response regarding its compliance with the court’s earlier directive on the deportation of 270 foreign nationals detained in Assam’s transit camps. The decision came after the Centre sought additional time to conclude “deliberations at the highest level.”
A bench of Justices Abhay S Oka and Ujjal Bhuyan adjourned the hearing following a request made by Solicitor General (SG) Tushar Mehta. The court noted in its order,
“The learned solicitor general states that the issue of deportation of foreigners is being dealt with at the highest executive level. If time is granted, he will place on record the decision taken by the competent authority.”
The matter pertains to the deportation of 270 foreign nationals detained in Assam’s transit camps. In its February 4 order, the Supreme Court had directed the Centre and the Assam government to expedite the deportation process, warning that the indefinite detention of such individuals was a “violation of all human rights.”
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The court had also demanded a clear plan on the fate of those whose nationalities remain unverified, referring to them as “stateless” persons. During the February 4 hearing, the bench had criticised Assam’s failure to provide complete details about the deportation process, calling its affidavit “vague.”
The judges had emphasised,
“You can’t have such persons detained till eternity. It’s a violation of all human rights and international obligations to keep them detained endlessly.”
A significant hurdle in the deportation process was revealed when the Assam government informed the court that deportation proceedings for 63 detainees had stalled due to the absence of their foreign addresses. The court, however, dismissed this justification, stating:
“Not having a foreign address can never be a ground. These foreigners also have rights under Article 21, and they cannot be detained endlessly.”
The Supreme Court had earlier set a two-week deadline for the Assam government to begin the deportation process, including sending reminders to the Centre where deportation proposals were already submitted. The court directed that individuals whose nationalities had been verified should be deported without delay, with necessary paperwork forwarded to the Ministry of External Affairs (MEA) promptly.
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Regarding stateless persons, the court had instructed the Centre to file an affidavit outlining how such cases would be addressed, as well as provide details on past deportations and procedures followed in similar instances. The Centre was also required to explain its approach to handling stateless persons and cite any relevant precedents.
Additionally, the court had ordered Assam to ensure humane conditions in detention centres, directing the state to establish a committee that would conduct fortnightly visits to transit camps and detention centres to monitor facilities.
“It is the responsibility of the state to ensure all facilities at the detention centres are properly maintained,”
the bench noted.
With the Centre now required to respond by March 21, all eyes are on how the government will address the court’s concerns regarding the deportation process and the treatment of detainees.
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