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Supreme Court seeks Assam government’s response on plan to deport over 200 declared foreigners detained in transit camp

Court demands joint effort from Union Home Ministry and state to address deportation process of 211 declared foreign nationals held in Assam

On September 9, the Supreme Court issued a notice to the Assam government, seeking clarification on its plan to deport over 200 declared foreigners currently held in a transit camp. A bench consisting of Justices Abhay S. Oka and Augustine George Masih requested a response from the Assam government regarding a report from the Assam State Legal Services Authority concerning the deportation process for the declared foreigners in the camp. The court posed the question, “How will the detained foreigners in the transit camp be deported?”

As per a report in the LiveLaw, an affidavit had been filed by the Union Home Ministry on August 14, 2024, stating that 211 foreign nationals had been classified as “declared foreigners” and were being held in the transit camp. The court directed the registry to place the Assam Legal Services Authority’s report on record, emphasizing the need for coordinated efforts between the Union Home Ministry and the state government to facilitate the deportation of these individuals.

Prior to this, on May 16, 2024, the division bench of Supreme Court had directed the union 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 bench led by Justice Abhay S. Oka had, 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 union government for immediate deportation of 17 declared foreigner. 

(Details of the writ petition can be read here.)

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