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Synopsis

While addressing the Assam government on Tuesday, the Supreme Court of India said that it must expedite the deportation of persons declared as "foreigners".

The Court pointed out that the persons who have been declared of foreigners should be not kept in detention centres indefinitely.

The bench, led by Justice Abhay S. Oka, accordingly directed the Assam government to start, within two weeks, the deportation of 63 persons kept in detention centres and file a compliance affidavit in this regard.

The bench, also comprising Justice Ujjal Bhuyan, remarked that when a person is declared a foreigner, the next logical step must be taken. He added that persons cannot be detained forever, as Article 21 ensures their rights.

Court passed the following direction while hearing a plea concerning the deportation of persons declared foreigners and the facilities at the detention centres in Assam.

During the hearing, the counsel for Assam told the court that it did not know the address of the foreigners, "Without their addresses, where do we deport them to?"

To this, Justice Oka said, "You have refused to start deportation, saying their addresses are not known." He added, "Why should it be our concern? You deport them to their foreign country."

Amid this exchange, Solicitor General of India Tushar Mehta assured the court that he had spoken to the highest authority of the Executive and apologised for some lacunae.

As a result, the court directed the Central Government to provide data on individuals deported as foreigners and those held in detention centres.

Further, the court directed the Central Government and Assam to ensure that proper facilities were given to those in detention centres. It also directed the Assam government to constitute a committee of officers who will visit the detention centres once a fortnight.

On 22 January, the Supreme Court had criticised the affidavit filed by the Assam government, calling it "defective." It also reprimanded the state for failing to explain why 270 foreigners were being detained at the Matia transit camp.

A bench comprising Justices Abhay S. Oka and N. Kotiswar Singh then directed the Assam Chief Secretary to present himself via video conferencing at the next hearing.

Background

On May 17, the Supreme Court had directed the Central government to deport 17 foreigners currently held in a detention centre in Assam after noting that no criminal charges had been registered against them.

A Bench of Justices Abhay S Oka and Ujjal Bhuyan added that a compliance report should be furnished over the same within two months.

State Legal Services Authority had submitted a report before the top court which confirmed the detention of 17 declared foreigners in the Assam detention centre.

Top Court had in April sought information from the State Legal Services Authority of Assam regarding foreigners detained for more than two years in detention centres.

The court had also asked the State Legal Services Authority to constitute a team to visit the detention centres and find out the kind of facilities which were made available to the declared foreigners in the detention centre.

Case tile: Rajubala Das v. Union of India