New Delhi [India], February 4 : The Supreme Court on Tuesday directed the Assam government to deport 63 declared foreigners within two weeks, expressing strong displeasure over the state's failure to take action and for keeping them in detention centres indefinitely.
A bench of Justices Abhay S Oka and Ujjal Bhuyan directed the Assam government to initiate the deportation of 63 persons kept in detention centres within two weeks.
The apex court also questioned Assam's claim that deportation was impossible due to the migrants' undisclosed foreign addresses, stating that even without addresses, deportation is possible
"You have refused to start deportation saying their addresses are not known. Why should it be our concern? You deport them to their foreign country. Are you waiting for some 'muhurat' (auspicious time)? Even without an address, you can deport them. You can't continue to detain them indefinitely," the bench told Assam's Chief Secretary.
The bench further said, "Once they are held to be foreigners, they should be deported immediately. You know their citizenship status. Then how can you wait till their address is received? It is for the other country to decide where they should go."
The bench told Solicitor General of India Tushar Mehta that Assam is indulging in suppression of facts. Mehta said he has spoken to the highest authority of the executive and "there may be some lacunae".
Justice Oka then observed, "On the flip side, the state exchequer is spending on the persons detained for so many years. This concern doesn't seem to be affecting the government."
The bench asked Solicitor General if the Union government has started the process of deportation. Mehta replied, "Let me sit with Ministry of External Affairs. It is not a state subject. It is a central subject which is diplomatically dealt with the Centre. I will speak with the concerned official."
In its order, the top court recorded its dissatisfaction with the Assam's affidavit, saying that "it was as vague as its earlier affidavits."
In its order the bench noted that it it is known that "persons in serial number 1 to 63 are citizens of a particular country", there is no reason why the state of Assam cannot start procedure for the deportation.
"Even if the address of these persons in the foreign country is not available, as the state is aware that they are citizens of a particular country, we direct the state to immediately start process of deportation in respect of persons at serial number 1 to 63," ordered the top court.
The apex court further directed the Assam government to file a detailed affidavit within two regarding the nationality verification process, including dates of actions taken.
The bench also directed the Union government to give details within one month regarding the persons deported so far and to clarify how to handle stateless individuals. It ordered Assam to ensure better conditions in detention centres, forming a committee to inspect facilities fortnightly.
The matter was posted for further hearing on February 25.
The apex court was hearing case relating to foreigners detained in detention centre in Assam and seeking the release of persons who have completed more than two years in centres.