Sorry State Of Affairs In Assam Foreigner Detention Centres : Supreme Court Flags Lack Of Proper Toilets, Medical Facilities

“Please see the report by Assam State Legal Service Authority. Such a sorry state of affairs....there are no proper toilets, no medical facilities. What kind of facilities you are managing?”

The Bench of Justices Abhay S Oka and Augustine George Masih made these observations after perusing a report from the Secretary of Assam Legal Services Authority regarding the detention centre in Matial, Assam. Based on this, the Bench observed in its order:

“We find that the facilities are very poor in the sense there is no adequate water supply, there are no proper sanitation systems, there are no proper toilets. The report does not speak about the facility of food and medical health.”

During the hearing, Senior Advocate Colin Gonsalves, for the petitioner, submitted that it is a very big deportation centre with 3000 people in it. "I saw the report and everywhere the report says it is informed, it is informed, it is informed. They must go to the area and meet the people like NHRC did."

In view of this, the Court directed the secretary of Assam State Legal Service Authority to ensure one more visit to find out not only the facilities mentioned in the report but also ascertain the quality and quantity of food served and the cleanliness of the kitchen.

“The Secretary to submit a fresh report within 3 weeks. Union of India to file a response on the issue of deportation within three weeks.,” the Court ordered.

Previously, the Court had directed the Union Government to take immediate steps to deport 17 declared foreigners detained in transit camps of Assam. The direction was passed, considering that no pending cases were registered against them. Apart from that, 4 of such foreigners were detained for a period of 2 years.

Against this backdrop, the Court had asked Assam State Legal Services to visit the detention centre to find out the nature of facilities made available for the declared foreigners and file a report.

During today's hearing, the Court asked the Union to inform them about the steps for deportation. At this, Gonsalves submitted that some of the individuals proposed to be deported have their cases pending before the High Court. "They must check if they are deporting people whose cases are pending somewhere down the line.," he added. He also underscored the issue of legal aid. Gonsalves said that if any person from the Foreigners' tribunal wanted to approach the High Court, no legal aid was being provided. 

Case Details : RAJUBALA DAS VS. UNION OF INDIA W.P.(Crl.) No. 000234 - / 2020

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