The Union Government has informed the Supreme Court that a foreign national whose nationality is unverified cannot be deported unless the person's home country confirms the nationality and agrees to accept them, stating that the deportation process cannot even be initiated without nationality verification.

The submission was made in an affidavit filed by the Ministry of Home Affairs (MHA) in the pending writ petition filed by Rajubala Das, which concerns persons declared to be foreigners whose nationality remains unknown. The affidavit has been filed in compliance with the Supreme Court's March 21, 2025 order.

The MHA stated that under the existing deportation procedure, a foreign national can ordinarily be deported by the concerned State Government, Union Territory Administration or the Foreigners Regional Registration Office after completion of the sentence or court proceedings, provided the individual possesses a valid travel document or passport and no other criminal case is pending against them.

However, where the foreign national does not possess a valid travel document, the government said it is necessary to obtain one through the Embassy or High Commission of the country concerned after nationality verification.

"It is necessary to obtain the requisite travel document from the Embassy/High Commission of the country concerned through the process of nationality verification before he/she can be deported," the affidavit states.

Emphasising that deportation depends upon the cooperation of the foreign State, the Union said:

"A foreign national whose nationality is unknown/unverified can be deported to their home country only upon confirmation of their nationality/possession of a valid travel document/acceptance by the home country concerned. The deportation procedure cannot be initiated without nationality verification."

According to the affidavit, in such cases, the concerned State Government or FRRO/FRO may take up the matter with the Ministry of External Affairs, providing the foreigner's details and photograph immediately upon arrest or registration of an FIR, whichever is earlier, to facilitate issuance of travel documents.

The Union further submitted that until nationality is verified and deportation becomes possible, such illegal migrants must have their movement legally restricted. It argued that this is necessary to prevent absconding, safeguard national security and facilitate eventual repatriation.

The Centre also pointed out that nationality verification is a sovereign function of the foreign government and, therefore, no time limit can be prescribed for completion of that process. Consequently, it said, such persons must remain in designated holding centres until their nationality is confirmed and deportation is effected.

The affidavit also referred to the Supreme Court's 2012 decision in Bhim Singh v. Union of India, pursuant to which the Ministry of Home Affairs had advised States and Union Territories that foreign nationals who have completed their sentence but whose deportation is delayed due to non-confirmation of nationality or non-issuance of travel documents may be released from prisons and kept at appropriate places outside jail premises with restricted movement pending their repatriation.

Last year, the Court had questioned the Union and Assam Government for not taking steps to deport the persons who were declared to be foreigners. In a connected case (Maja Daruwala v Union), the Court had questioned the indefinite detention of persons alleged to be Bangladeshis instead of deporting them.

Another case is pending in the Supreme Court challenging the forceful deportation of certain persons from West Bengal to Bangladesh. The Union approached the Supreme Court challenging the Calcutta High Court's direction to repatriate them. Recently, the Union Government undertook before the Supreme Court, on humanitarian grounds, to bring back a pregnant woman and her family, who were forcefully pushed to Bangladesh.

Case Title – Rajubala Das v. Union of India and Anr | Writ Petition (Criminal) No. 234/2020