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The Gauhati High Court has expressed concern over the failure to apprehend and expel 1,16,946 declared foreign nationals across Assam's 36 districts describing the situation as a “very grim picture” and observing that the Central and State Governments have a duty to preserve the country's unity and integrity.

A Division Bench of Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita made the observation while refusing to direct the release of a woman declared as a foreign national by the Foreigners Tribunal, Jorhat whose detention was continued pending her expulsion from India.

The High Court noted that the State Government had submitted data compiled by the Senior Superintendent of Police (Border), Assam showing that 1,16,946 declared foreign nationals were yet to be apprehended and expelled as of June 30, 2026.

“It shows a very grim picture when it comes to the expulsion of the foreigners and declared foreign nationals in the State of Assam,” the Bench observed.

The petitioner had been declared a foreigner by the Foreigners Tribunal in December 2018 after she failed to discharge the burden of establishing her Indian citizenship under Section 9 of the Foreigners Act, 1946. The Tribunal held that she had illegally entered India after March 25, 1971.

Her challenge to the Tribunal opinion was dismissed by the Gauhati High Court in October 2020. Subsequently, her Special Leave Petition was dismissed by the Supreme Court in November 2025 and her review petition was also dismissed in March 2026.

Before the High Court, the petitioner sought release from detention relying on earlier Supreme Court orders directing the release of declared foreign nationals who had undergone prolonged periods of detention.

Opposing the plea, the State submitted that the petitioner had exhausted her legal remedies and that arrangements had been made for her expulsion from India. It also informed the Court that 1,16,946 declared foreign nationals remained to be apprehended across the State.

Examining the legal framework governing the detention of foreigners, the High Court referred to Sections 3(2)(g) and 4 of the Foreigners Act, 1946. Section 3(2)(g) empowers the Central Government to order the arrest and detention of foreigners while Section 4 deals with their detention or confinement.

The Bench observed that the petitioner status as a declared foreign national had attained finality after her challenges before the High Court and Supreme Court were unsuccessful.

The Court also examined Article 22 of the Constitution which provides safeguards against arrest and detention. Referring to Article 22(3), it observed that the constitutional safeguards under clauses (1) and (2) are not available to enemy aliens and persons detained under preventive detention laws.

“Therefore, such illegal migrant would be excluded from protection under Article 22 of the Constitution of India by virtue of exclusion clause under clause 3 of the Article 22 of the Constitution of India.”

The High Court further observed that the State had specifically informed it that arrangements had been made for the petitioner expulsion. It therefore declined to direct her release under the provisions of the Foreigners Act.

Finding no grounds to direct her release, the High Court dismissed the writ petition.

Counsel for Petitioner: A. Saharia and B. Sarma.

Counsel for Respondents: G. Pegu, Central Government Counsel; G. Sharma, Standing Counsel for Foreigners Tribunal and Border matters; S. Kataky, Standing Counsel for the Election Commission of India; and P. Sarmah, Additional Senior Government Advocate for the State of Assam.

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