Supreme Court Blasts Assam Government for Delayed Deportation of Foreigners

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Supreme Court blasts Assam government for delaying deportation of foreigners.
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In a strong rebuke, the Supreme Court of India on Tuesday criticized the Assam government for its failure to deport individuals declared as foreigners, questioning why they were being kept in detention centres indefinitely. The apex court directed the state to initiate the deportation process for 63 detainees within two weeks and submit a compliance report.

Supreme Court Questions Assam Government Over Deportation Delay

A bench consisting of Justices Abhay S Oka and Ujjal Bhuyan expressed frustration over the Assam government’s inaction in deporting those declared as foreigners. The justices questioned:

“Are you waiting for an auspicious time (muhurta)?”

The court made it clear that once a person is identified as a foreigner, they should be deported without delay. The Assam government, however, cited the lack of proper addresses of these individuals as a key challenge in initiating the process.

Indefinite Detention Violates Article 21

The Supreme Court emphasized that keeping foreigners in detention centres indefinitely is unconstitutional. The justices reminded the Assam government that Article 21 of the Constitution, which guarantees the right to life and personal liberty, also applies to foreigners.

“Once a person is declared a foreigner, the next logical step is deportation, not indefinite detention. You can’t keep them locked up forever,” the bench stated.

The court also questioned how many detainees had actually been deported from the foreigner detention centres in Assam and demanded concrete numbers.

Current Status of Foreigners in Assam’s Detention Centres

Assam has multiple detention centres that house declared foreigners, many of whom remain in confinement for years due to bureaucratic delays and diplomatic challenges. These centres are meant to hold illegal immigrants until their deportation, but the process has been slow, leading to overcrowding and human rights concerns.

According to government records, Assam has six detention centres, and several detainees have been lodged there for extended periods due to the lack of a clear repatriation process.

Supreme Court’s Directives on Deportation

Taking a firm stance, the Supreme Court ordered the Assam government to:

  • Begin the deportation process for 63 detainees within two weeks
  • File a compliance report detailing the progress of deportations
  • Ensure that no foreigner remains detained indefinitely

The court warned that failure to comply with these directives would result in further judicial action.

Legal and Political Implications of the Deportation Delay

The issue of foreigners and illegal immigration in Assam has been a contentious political topic for decades. The National Register of Citizens (NRC) and the Foreigners’ Tribunals have been instrumental in identifying illegal immigrants, but the actual deportation process remains a challenge due to diplomatic issues with neighboring countries.

The Assam government has often blamed the lack of cooperation from foreign governments for delays in deportation. However, the Supreme Court’s harsh criticism signals that it will no longer accept such excuses.

Challenges in Deporting Foreigners from Assam

Despite the court’s directives, the deportation process in Assam faces several obstacles, including:

  1. Lack of Documentation – Many detainees lack proper identification papers, making it difficult to verify their nationality.
  2. Diplomatic Barriers – Some foreign governments refuse to accept deported individuals without proper verification.
  3. Legal Appeals – Many declared foreigners challenge their deportation in courts, leading to further delays.
  4. Human Rights Concerns – International organizations have raised ethical concerns over indefinite detention and forced deportation.

Future Course of Action

Following the Supreme Court’s intervention, the Assam government is now under immense pressure to speed up the deportation process. Experts suggest the state should:

  • Engage in diplomatic talks with neighboring countries for smoother repatriation.
  • Establish a fast-track deportation mechanism to prevent prolonged detention.
  • Ensure humanitarian treatment of detainees while awaiting deportation.

The Supreme Court’s sharp criticism of the Assam government over the delayed deportation of foreigners marks a turning point in India’s immigration policies. With the court mandating immediate action, the Assam government must now act swiftly to ensure timely deportation and prevent the indefinite detention of foreigners.

The ruling also underscores the need for a more efficient and humane approach to immigration enforcement, balancing national security concerns with human rights protections.

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