NEW DELHI: The Supreme Court on Tuesday strongly criticised the Assam government for holding individuals declared as foreigners in detention centres instead of deporting them, asking sarcastically, “Are you waiting for some muhurat”.
Justices Abhay S Oka and Ujjal Bhuyan said that deportation should happen immediately after individuals are determined to be foreigners.
“You have refused to start deportation saying their addresses are not known. Why should it be our concern? You deport to their foreign country. Are you waiting for some muhurat (auspicious time)?
“Once you declare a person foreigner, then you have to take the next logical step. You cannot detain them till eternity. Article 21 of the Constitution is there. There are many foreigner detention centres in Assam. How many have you deported?” the bench told the counsel appearing for the Assam government.
While hearing the case earlier, the court had noted that the right to life was not limited to Indian citizens but extended to all individuals, including foreign nationals. The court had asked for immediate steps to be taken to send them back to their respective countries.
The case pertains to 270 people currently held in detention centers and transit camps across Assam. Earlier, the apex court had pulled up the Assam government for not providing a clear explanation on why these individuals were being detained instead of being repatriated.
“We had granted six weeks to the state to file a compliance affidavit. The expectation was that the state would provide reasons for detaining 270 foreign nationals in transit camps and details of efforts made towards their deportation,” the bench had noted.
The counsel representing Assam informed the court that the deportation process involved coordination with the Union government. He explained that the state was responsible for compiling complete details of illegal migrants, including their contact addresses, and submitting them to the ministry of external affairs, which then verifies their identities through diplomatic channels.
Previously, the Supreme Court had directed the Assam State Legal Services Authority to conduct inspections at the Matia transit camp for foreigners to assess hygiene conditions and food quality.