SC Guides Assam Deportation Plea to Gauhati High Court

Supreme Court Declines Plea Against Assam's Deportation Drive, Directs Petitioners to High Court

New Delhi, June 2 (PTI) - On Monday, the Supreme Court of India decided not to entertain a petition challenging the Assam government's alleged aggressive campaign to detain and deport individuals presumed to be foreigners without proper nationality verification or the opportunity for legal recourse. The petitioner has now been advised to approach the Gauhati High Court for further proceedings.

The bench, comprising Justices Sanjay Karol and Satish Chandra Sharma, queried senior advocate Sanjay Hegde, representing the petitioner — All BTC Minority Students Union — about their decision to bypass the Gauhati High Court. Justice Karol inquired, "Why are you not going to the Gauhati High Court?"

In response, Hegde noted that the plea was influenced by an earlier order passed by the apex court. However, the bench reiterated its stance, advising, "Please go to the Gauhati High Court." Consequently, Hegde informed the court that the petitioner would withdraw the plea to consider appropriate legal actions at the high court level, a move the bench permitted.

The petition, presented by advocate Adeel Ahmed, cited a February 4 order by the Supreme Court instructing Assam to initiate the deportation of 63 declared foreigners, whose nationalities were identifiable, within two weeks. According to the plea, following this directive, Assam reportedly launched an indiscriminate campaign to detain and deport individuals suspected as foreigners, lacking necessary tribunal declarations, nationality verification, or the exhaustion of legal remedies.

The plea highlighted media reports, including a case involving a retired schoolteacher allegedly “pushed back” into Bangladesh, as evidence of Assam’s unlawful deportation practices. It argued that these actions represent a pattern of unauthorized deportations carried out by Assam’s police and administrative systems through informal methods devoid of judicial oversight, contravening constitutional safeguards.

Furthermore, the plea asserted that Assam’s implementation of a ‘push-back’ policy violates Articles 14 and 21 of the Indian Constitution by deporting individuals sans due process, thereby blocking their opportunity to contest their deportation and infringing on their rights to life and personal liberty. It argued that widespread deportation orders, lacking correct identification, verification, and notification mechanisms, lead to scenarios where Indian citizens are wrongfully detained and threatened with illegal deportations.

The petition requested a judicial directive ensuring that no deportations occur following the February 4 order without a foreign tribunal's declaration, adequate appeal or review opportunities, and nationality verification by the Ministry of External Affairs. It also sought a ruling against the ‘push-back’ policy, deeming it contrary to Articles 14 and 21 and opposing established judicial precedents.

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