Supreme Court Refuses To Hear Plea On Assam 'Push Back' Deportations, Suggests To Move Gauhati HC
The Supreme Court on Monday refused to entertain a writ petition filed by the All BTC Minority Students Union (ABMSU), which had raised concerns over alleged indiscriminate detentions and extrajudicial “push backs” of individuals by Assam authorities in border districts such as Dhubri, South Salmara, and Goalpara.
The Bench of Justice Sanjay Karol and Justice Satish Chandra Sharma directed the petitioner to approach the Gauhati High Court for appropriate relief.
As the matter was taken up for hearing, Justice Sharma questioned the petitioner’s decision to directly approach the Court: "Why are you not going to the Gauhati High Court?" he asked.
Senior Advocate Sanjay Hegde for ABMSU responded, stating, "Because it is based on certain orders that are pending in this Court."
However, the Bench was not convinced.
Justice Sharma remarked, "Sixty-nine people are being deported… Please go to the Gauhati High Court. We are dismissing."
Justice Karol concurred and advised the petitioner to seek remedy before the High Court. "You can approach the Gauhati High Court," he said.
It is to be noted that on May 30, 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.
About the PIL
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.
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.”
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;
Case Title: All B.T.C. Minority Students’ Union (ABMSU) Kokrajhar, B.T.C. (Assam) v. Union of India & Anr.