The Indian government has informed the Supreme Court that the deportation of individuals officially declared as foreigners in Assam is currently under consideration at the highest executive level. Solicitor General Tushar Mehta, appearing before a bench of Justices Abhay S Oka and Ujjal Bhuyan, stated that a final decision on the deportation process is expected to be reached by March 21.
The Supreme Court, which has been closely monitoring the issue, granted time for the Centre to submit its decision and scheduled the next hearing for March 21. This development comes after the apex court sharply criticized the Assam government on February 4 for its indefinite detention of declared foreigners and its failure to initiate deportation proceedings.
Supreme Court Criticizes Assam Government Over Indefinite Detention
Earlier this month, the Supreme Court reprimanded the Assam government for keeping declared foreigners in detention centers for extended periods without deporting them. The bench expressed its dissatisfaction, stating, “Are you waiting for some muhurat (auspicious time) to deport them?” The court also accused the state government of suppressing facts related to the deportation process.
The key concern raised by the court was Assam’s explanation for the delay. The state government had argued that it was unable to send nationality verification forms to the Ministry of External Affairs (MEA) because the detainees’ addresses in their respective foreign countries were unknown. The bench found this reasoning unacceptable, emphasizing that once individuals are officially identified as foreigners, they should be deported without delay.
High-Level Review of Deportation Process
The deportation of declared foreigners has long been a contentious issue in Assam, a state that has grappled with illegal immigration concerns for decades. The Supreme Court’s intervention and the Centre’s involvement in the matter indicate a renewed push to resolve the situation.
Solicitor General Mehta assured the court that the government is actively addressing the issue at the highest levels of decision-making. He stated that a concrete plan for deportation is likely to be finalized within the next few weeks, paving the way for the removal of undocumented foreigners from Assam.
Challenges in the Deportation Process
The deportation of illegal immigrants, particularly those declared foreigners through the Foreigners Tribunals in Assam, has faced numerous challenges, including:
- Lack of Identification Documents: Many detainees lack proper documentation linking them to their country of origin, making verification and deportation difficult.
- Unwillingness of Foreign Countries to Accept Detainees: Countries suspected to be the home nations of these detainees, such as Bangladesh, have not always readily accepted individuals declared foreigners by Indian authorities.
- Legal and Human Rights Concerns: Prolonged detention of declared foreigners has raised concerns regarding human rights violations, leading to legal scrutiny.
Assam’s Detention Centers and Deportation Policies
Assam has several detention centers where declared foreigners are held after being identified by Foreigners Tribunals. These tribunals, operating under the Assam Accord and the National Register of Citizens (NRC) framework, determine the citizenship status of individuals suspected of being illegal immigrants.
However, with over a thousand people reportedly lodged in these detention centers, the Supreme Court has now pushed for a more effective and time-bound approach to dealing with the issue.
What’s Next?
With the Supreme Court set to review the Centre’s decision on March 21, all eyes are on how the government will address the deportation of declared foreigners. If a clear roadmap is established, it could lead to a major shift in Assam’s immigration and deportation policies.
The issue remains complex, involving diplomatic negotiations, legal considerations, and human rights concerns. However, the Supreme Court’s firm stance signals that indefinite detention without resolution will no longer be tolerated.
The deportation of declared foreigners in Assam has now reached the highest levels of government review, with a final decision expected by March 21. The Supreme Court’s criticism of indefinite detention has added urgency to the matter, pressing the Assam government and the Centre to act decisively.
As the legal and administrative framework for deportation takes shape, the coming weeks will determine whether Assam sees a breakthrough in handling its long-standing issue of illegal immigration.