On May 16, 2024, the division bench of Supreme Court directed the central government to take steps to immediately deport 17 declared foreigners detained in transit camps of Assam, considering that there are no pending cases registered against them.
The division bench of Justice Abhay S. Oka and Justice while hearing Writ Petition (Crl.) No. 234 of 2020 related to the condition of detention centres in Assam where individuals with a doubt citizenship and deemed foreigner were kept in detention, directed the central government for immediate deportation of 17 declared foreigner. The court further directs that priority should be given to deport 4 persons who have spent more than 2 years in the Detention Centre.
Brief Background of the case:
On December 12, 2011, an ex-parte order was passed by the Foreigners Tribunals, declared the petitioner’s husband, the petitioner and their children to be foreigners. The petitioner’s husband had initially appeared in the Foreigners Tribunal but thereafter remained unrepresented due to financial inability.
The Petitioner’s husband approached the Gauhati High Court for setting aside and quashing of the Foreigners Tribunal order dated 01.12.2011, but his petition was dismissed. The petitioner thereafter approached the Supreme Court also but again his petition was dismissed by the court.
The petitioner submitted that the task of detaining persons declared to be foreigners was undertaken following the issuance of Notification No. PLB. 149/2008/88 dated 17.06.2009 by the Political (B) Department of the Government of Assam. By this notification, it was ordered that the movement of persons detected as Foreigners by the Foreigners Tribunal shall be restricted and they shall be required to reside in the detention centres immediately after their detention and till they are deported to their place of origin.
The Petitioner further submitted that the petitioner’s husband’s parents along with him had migrated to India in 1964 and are thereby citizens of India and are thereby citizens of India by virtue of Section 6A of the Citizenship Act, 1955.
According to the petitioner, at present there are 802 persons living in the detention centre of Assam according to information provided on 11.02.2020 in the Rajya Sabha by the Minister of State in the Ministry of Home Affairs.
The Petitioner relied of the order of Supreme Court on dated 11.05.2019 in Writ Petition (Civil) No. 1045 of 2018 in which SC held that detenus who have completed more than three years may be released subject to the condition prescribed.
The writ petition can be read here:
Supreme Court order dated May 16, 2024:
On May 16, 2024, the division bench of Supreme Court said “The Assam Legal Services Authority has not reported about the facilities which are made available to the declared foreigners in the Detention Centre. The report shows that there is a detention centre also known as transit camp at Matia, Goalpara district of Assam. There are 17 declared foreigners detained in the said Detention Centre/Transit Camp out of which 04 have already spent more than 02 years.
The apex court further added that “We are of the view that the Union of India must take immediate steps for deporting these 17 declared foreigners as it is not the case that there are any offences registered in India against them. Priority should be given to deport 04 persons who have spent more than 02 years in the Detention Centre. The Advocate-on-Record for the Union of India shall forward a copy of this order to all the concerned Authorities of the Union of India to take immediate steps for deporting these 17 declared foreigners. A compliance affidavit shall be filed by an appropriate officer of the Union of India within a period of two months from today.”
The court also directed to the Committee appointed by the Assam State Legal Services Authority shall again visit the detention centre with a view to find out the nature of the facilities made available to the declared foreigners in the said Detention Centres.
And, the report of ASLSA shall be filed before the next date, the court said.
Now the matter is listed for July 26, 2024 to consider the compliance affidavit of the Union of India.
The order of Supreme Court dated 16.05.2024 can b read here:
Related:
Assam: ‘No Aadhaar, No Citizenship, So No Vote to BJP’, said a Citizens Convention
Assam gov’t adamant on NRC reverification