Supreme Court Seeks Response From Centre & Assam Government On Deportation Of 211 Foreign Nationals

The Supreme Court today (September 9) sought a response from the Union Ministry of Home Affairs and the Assam State Government in what manner the 211 declared foreign nationals detained in a transit camp in Matia, Goalpara district of Assam will be deported.

The Court has also sought a reply from the Assam Government on a report of the Assam District Legal Services Authority concerning 211 declared foreign nationals out of which 66 are from Bangladesh.

A bench of Justices Abhay S. Oka and Augustine George Masih was hearing a petition pertaining to the conditions of the detention centres in Assam. On July 26, it flagged that the conditions of the detention centres are 'deplorable' and termed it a 'sorry state of affairs' because there is no adequate water supply, proper sanitation system toilets etc. 

These observations were based on the report filed by the Assam Legal Services Authority.

On the deportation of 211 foreign nationals, the Court stated that it will have to be a 'joint effort' of the Union and the State of Assam to deport the foreign nationals as a response to an affidavit filed by the Union Ministry of Home Affairs stating the power to deport has been delegated to the State Government.

The MHA filed an affidavit on August 14, para.5 which states: "The powers of deportation, repatriation of foreigners are vested in the Central Government for which orders are made under Section 3 of the [Foreigners Act]. The powers of Central Government have been delegated to the State Government." 

Perusing the affidavit, Justice Oka remarked that the Union had shifted the entire burden on the State. He added, that powers may have been delegated, but it is the responsibility of both sides. 

The State counsel submitted that the Assam Government will file an affidavit in this regard. He added: "The nationality status verification forms have already been sent to the Ministry of External Affairs by a letter of 2019. The verification report is yet to be received."

The Counsel stated that nationality verification requires diplomatic interaction between the External Affairs Ministry of India and Bangladesh because the foreign nationals are allegedly from Bangladesh. 

The Court stated that for it to consider the issues further, the report needs to be on record. It therefore directed the Supreme Court Registry to put the report to the Committee on record.

Justice Oka stated that the report gives specific details of how many declared foreign nationals are to be deported. 

The Court stated that it will issue directions but along with the Union Government, the State Government will have to coordinate together to deport the declared foreign nationals unless someone says they don't want to go back. 

Senior Advocate Colin Gonsalves, for petitioners, said: "Ever since CAA-NRC started, 10 years have passed, and if you ask them how many they have deported, in one affidavit filed couple of years ago, there were six persons out of 2 lacs."

Justice Oka stated that the report says that some of the foreign nationals do not want to go back to their home State. 

To this, Gonsalves replied: "Most of them are willing not to go back. Many of them have fought the orders of the foreigner tribunal which are ex-parte".

Justice Oka remarked that those foreign nationals from Bangladesh, are too willing to go back. 

"Maybe a handful will go back...The number of persons declared foreign nationals is 9 lacs," Gonsalves stated.

ASG KM Natraj, for the Union, submitted that all foreign nationals will be deported from India. 

He said: "All such illegal immigrants will have to be deported..."

On May 16, a bench of Justices Oka and Bhuyan ordered for an immediate deportation of 17 foreign nationals 4 of which were detained for a period beyond 7 years.  

Case details: Rajubala Das v. UOI & Anr, WP (Crl) No. 234/2020