All BTC Minority Students Union Moves Supreme Court Against Alleged Unlawful Deportation Drive In Assam

The petition filed through AoR Adeel Ahmed highlights a growing pattern of indiscriminate detentions and extrajudicial “push backs” of individuals, many of whom are from marginalised communities, by Assam authorities in border districts such as Dhubri, South Salmara, and Goalpara.

Advocate Adeel Ahmed had mentioned the writ petition before the bench of Chief Justice B.R. Gavai and Justice A.G. Masih, seeking urgent listing on Friday. 

“I have filed a writ petition challenging the pushback policy of Assam, as this entire deportation exercise is being carried out on that basis,” he had submitted.

ABMSU contends that these actions violate Articles 14, 21, and 22 of the Constitution and run afoul of binding legal principles laid down by the apex court itself.

The trigger for the current situation, according to the petitioner, is the Supreme Court’s order dated February 4, 2025, in W.P. (Crl.) No. 234/2020, which directed the deportation of 63 identified “declared foreigners” whose Bangladeshi nationality was confirmed by the Ministry of External Affairs (MEA) and the Government of Bangladesh.

ABMSU, however, argues that the Assam government has gone far beyond the mandate of that order by launching a sweeping deportation drive without any judicial oversight.

Citing multiple news reports from credible publications including Deccan Herald and The Indian Express, the petition recounts alarming instances of alleged illegal deportations.

Among them is the case of Kahirul Islam, a retired schoolteacher who was reportedly “pushed back” into Bangladesh, and those of Abu Bakkar Siddik and Akbar Ali, whose families fear they too have been deported without formal procedure or notice.

“These instances are not isolated,” the petition states, “but part of an emerging pattern where individuals are detained and deported without Foreigners Tribunal declarations, nationality verification by the MEA, or even an opportunity to appeal.”

Such “push back” actions, ABMSU argues, not only violate due process but also risk rendering numerous Indian citizens stateless. The petitioner particularly emphasizes the vulnerability of poor and marginalised individuals, many of whom were declared foreigners ex parte and lack legal aid to challenge these declarations.

In support of its arguments, the petition cites the Supreme Court’s recent Constitution Bench judgment in In Re: Section 6A of the Citizenship Act, 1955, 2024 SCC OnLine SC 2880. There, the Court emphatically held that no person, whether declared or suspected to be a foreigner, can be deported without exhausting all legal remedies, including appeal and review. The judgment further emphasized the need to avoid statelessness, stating: “In cases of doubt, the presumption must favour the individual, consistent with Article 21 and the doctrine of fairness.”

The petition alleges that current deportation practices flout these safeguards. Individuals are reportedly being deported without being informed of Foreigners Tribunal orders, without nationality confirmation from the MEA, and without knowledge of their right to challenge the proceedings.

The petition underscores that the extraordinary jurisdiction of the Supreme Court under Article 32 must be invoked to prevent irreparable harm to Indian citizens who face the threat of wrongful deportation and the consequent loss of nationality.

Prayers 

The petitioner has sought for the following prayers:

a) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that no person shall be deported pursuant to the Order dated 04.02.2025 in W.P. (Crl.) No. 234/2020 without: (i) a prior reasoned declaration by the Foreigners Tribunal, (ii) adequate opportunity of appeal or review, (iii) verification of nationality by the Ministry of External Affairs;

b) Declare that the “push back” policy adopted by the State of Assam is violative of Articles 14 and 21 of the Constitution of India and contrary to binding judicial precedents;

c) Direct Respondent No. 3 (Ministry of External Affairs) and Respondent No. 4 (FRRO) to place before this Hon’ble Court the protocols followed for nationality verification and deportation of individuals to Bangladesh;

d) Direct Respondent No. 5 (NHRC) to conduct an independent inquiry into the reported deportations carried out in Assam since 04.02.2025 and submit a report to this Hon’ble Court;

e) Direct Respondent No. 6 (ASLSA) to ensure the availability of legal aid to all individuals detained on suspicion of being foreigners, and to facilitate the filing of appeals or reviews against ex parte Foreigners Tribunal orders;

f) Direct Respondents to maintain and publish a verified and publicly accessible list of persons identified for deportation under Annexure-II to the affidavit dated 03.02.2025 to avoid confusion and overreach;