'Can't Delay Deportation Saying Address Not Known' : Supreme Court Asks Assam Govt To Initiate Process To Deport 63 Persons Declared As Foreigners

The Supreme Court on Tuesday (February 4) pulled up the State of Assam for not taking steps to deport persons declared as foreigners and for keeping them in detention centres indefinitely.The Court expressed surprise at the explanation given by the State of Assam that the steps were not taken as the foreign addresses of the detained persons were not known. The Court directed the State to immediately initiate the process of deporting 63 declared foreigners, whose nationality was known, and file a status report in two weeks.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan expressed serious displeasure with the State's affidavit for not divulging the relevant information and termed it "per se defective."Addressing Assam Chief Secretary Dr.Ravi Kota, who was directed to appear virtually, Justice Oka said, "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 address, you can deport them. You can't continue to detain them indefinitely. "Foreign address not divulged"- this is the reason to not deport?," Justice Oka continued."Once they are held to be foreigners, they should be deported immediately. You know the status of their citizenship. Then how can you wait till their address is received? It is for the other country to decide where should they go," Justice Oka stated."Without their address, where do we deport them to?," asked the counsel appearing for the State of Assam."You deport them to the capital city of the country. Suppose the person is from Pakistan, you know the capital city of Pakistan? How can you keep them detained here saying their foreign address is not known? You would never know the address," Justice Oka stated.Senior Advocate Shadan Farasat (for an applicant who is detained in a detention centre) submitted, "What they determine is that they are not Indian. They are not determining what is their nationality. That is why they are struggling."Justice Ujjal Bhuyan, addressing the Assam counsel, said , "Once you declare a person as a foreigner, then you have to take the next logical step. You can't detain them forever. Article 21 right is there. There are many foreigner detention centres in Assam. How many you have deported?"When the State counsel requested for more time to file a "proper affidavit", the bench sternly refused, reminding him that last opportunity was already given.Senior Advocate Colin Gonsalves (for the petitioner) submitted that as per his information, Bangladesh was refusing to accept these persons as their citizens and hence they are indefinitely continuing in detention centres in India."My information is that, attempts are being made to figure out if Bangladesh will take these people out. Bangladesh is refusing. India says they are not Indians. Bangladesh says they are not Bangladeshis. They have become stateless. They are in detention for 12 ys, 13 years. Bangladesh says they won't accept anyone who lived in India for many years," Gonsalves submitted. He stated that the Union and the State must disclose the actual position to the Court.At this juncture, Solicitor General of India Tushar Mehta entered appearance. Addressing the SG, Justice Oka said, "State of Assam is indulging in suppression of facts."The Solicitor offered apologies for the lacunae. Saying that he will speak to the highest authorities in the executive, the SG assured that all details would be placed before the Court and requested for time."Your lordship's concerns are well received...I will sit with the concerned officers and file consolidated documents," SG said."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 Govt," Justice Oka replied.SG said that detention centres are not "jails" in the traditional sense and facilities are provided there as per the directions of the Supreme Court. A person who has undergone detention for more than two years is entitled to bail provided there are two Indian sureties, the SG added.When Justice Bhuyan asked the SG if the Union has started the process of deportation, SG 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."Farasat highlighted the plight of his client, stated to be a Bengali from West Bengal, who cannot secure release even after eight years of detention as his wife was refusing to stand as surety. Farasat said that in many cases, family members are fearful of standing as sureties because they apprehend that they would also be proceeded against. SG said that in this particular case, the wife left the applicant.Saying that this was a separate issue, Justice Oka said that the bench would deal with it separately.In the order, the bench recorded its...

'Can't Delay Deportation Saying Address Not Known' : Supreme Court Asks Assam Govt To Initiate Process To Deport 63 Persons Declared As Foreigners

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"The State of Assam is indulging in suppression of facts", the Court orally observed.

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