On July 26, a Supreme Court bench comprising Justices Abhay S Oka and Augustine George Masih had criticised the deplorable conditions in Assam’s detention centres, where individuals with “doubtful citizenship” or those who have been deemed foreigners are detained. Flagging the deplorable condition of the said detention centres by referring to it as a “sorry state of affairs”, highlighting the lack of adequate water supply, proper sanitation systems, or proper toilets in the detention centres.
As per a report of LiveLaw, the bench had pointed the lamentable conditions of the detention centres by asking the counsel for the state to “Please see the report by Assam State Legal Service Authority. Such a sorry state of affairs. There are no proper toilets, no medical facilities. What kind of facilities you are managing?”
It is essential to note that these observations were made by the Bench after perusing a report from the Secretary of Assam Legal Services Authority regarding the detention centre in Matia, Assam. The said report had been submitted to the Court on after Justices Oka and Ujjal Bhuyan had directed to the Committee appointed by the Assam State Legal Services Authority to 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. The abovementioned order had been issued by the Supreme Court on May 16, 2024.
Based on the same, the Bench observed in its order the lack of sanitation hygiene and systems, while highlighting that the report does not provide any information regarding the facility of food and medical health in the detention centre.
The order stated that “We find that the facilities are very poor in the sense there is no adequate water supply, there are no proper sanitation systems, there are no proper toilets. The report does not speak about the facility of food and medical health.”
As per the live reporting by LiveLaw, Senior Advocate Colin Gonsalves, representing the petitioners, had submitted during the hearing that Matia detention centre in Assam is a very big deportation centre, housing around 3000 people within it. Gonsalves provided “I saw the report and everywhere the report says it is informed, it is informed, it is informed. They must go to the area and meet the people like NHRC did.”
Taking note of the following argument raised, the bench directed the secretary of Assam State Legal Service Authority to ensure one more visit to find out not only the facilities mentioned in the report but also ascertain the quality and quantity of food served and the cleanliness of the kitchen. The said report was then required by the bench to be submitted within 3 weeks.
“The Secretary to submit a fresh report within 3 weeks. Union of India to file a response on the issue of deportation within three weeks,” the Court had ordered.
Another issue of deportation to those who had no pending cases against them, based on the previous order of the Supreme Court, was also raised. Notably, on May 16, 2024, the division bench of Justices Abhay S. Oka and Ujjal Bhuyan had 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 court had also directed that priority should be given to deport 4 persons who have spent more than 2 years in the Detention Centre.
The apex court had then stated 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 details of the previous order can be read here.
Against this backdrop, the Court, on July 26, asked the counsel for the Union to inform the bench about the steps for deportation. At this, Gonsalves submitted that some of the individuals proposed to be deported have their cases pending before the High Court. “They must check if they are deporting people whose cases are pending somewhere down the line,” he added, as per LiveLaw. Gonsalves further underscored the issue of legal aid by stating that if any person from the Foreigners’ tribunal wanted to approach the High Court, no legal aid was being provided.
The order of the Supreme Court is yet to be uploaded on its website.
Related:
SC directs Centre to deport 17 foreigners detained in Assam Detention Centre