The Union government on Monday urged the Supreme Court to grant it additional time to comply with its previous directive on the deportation of 270 foreign nationals detained in Assam’s transit camps, citing deliberations at the “highest level”.
Solicitor general (SG) Tushar Mehta, appearing for the Centre, sought a two-week extension to submit a comprehensive action plan.
“The matter is coming up tomorrow (February 25). We are requesting some more time to submit our affidavit. I can assure the bench that the matter is under consideration at the highest level,” Mehta submitted before a bench of justices Abhay S Oka and Ujjal Bhuyan. Accepting the request, the bench permitted the Centre to mention the matter again on Tuesday.
On February 4, the Supreme Court directed the Centre and the Assam government to expedite the deportation process of these foreign nationals, asserting that their indefinite detention was a “violation of all human rights”. The court had also demanded a clear explanation from the Centre regarding the fate of detainees whose nationalities remain unverified, terming them “stateless” persons.
During that hearing, the bench criticised Assam’s failure to disclose complete details about the deportation process, calling its affidavit “vague” and warning against misleading the court. The judges stressed that once a person has been declared a foreign national, authorities must act without delay.
{{/usCountry}}During that hearing, the bench criticised Assam’s failure to disclose complete details about the deportation process, calling its affidavit “vague” and warning against misleading the court. The judges stressed that once a person has been declared a foreign national, authorities must act without delay.
{{/usCountry}}“You can’t have such persons detained till eternity. You have to take logical steps once they have been declared foreigners. It’s a violation of all human rights and international obligations to keep them detained endlessly,” the bench had remarked.
A key hurdle in the deportation process was highlighted when the Assam government claimed that deportation proceedings for 63 detainees had stalled due to the absence of their foreign addresses. The court, however, rejected this justification outright, stating: “Not having a foreign address can never be a ground. These foreigners also have rights under Article 21, and they cannot be detained endlessly.”
Hearing a batch of cases filed by individuals lodged in the detention centres or transit camps in the northeastern state, the bench set a two-week deadline for the Assam government to begin the deportation process, including sending reminders to the Centre in cases where deportation proposals were already submitted. Scheduling the next hearing for February 25, the bench had ordered Assam to immediately commence deportation proceedings for those whose nationalities had been identified, directing that necessary paperwork be forwarded to the Ministry of External Affairs (MEA) without further delay.
Also turning its attention to the fate of foreign nationals whose nationalities remain unknown – called “stateless” persons -- the court had at the time directed the Union government to submit an affidavit outlining how such cases would be handled, along with details of deportations carried out so far and the procedures followed in each instance.
The Centre was also tasked with explaining how it intended to handle stateless persons, including outlining past deportation procedures and detailing any precedent for such cases.
Underlining the need for humane conditions in detention centres, the bench on that day also directed Assam to set up a committee that would visit transit camps and detention centres every fortnight to ensure adequate facilities are maintained. “It is the responsibility of the state to ensure all facilities at the detention centres are properly maintained,” it held.