Supreme Court Directs Union To Immediately Deport 17 Foreigners Detained In Assam's Transit Camps As No Cases Are Pending Against Them

The Supreme Court today (May 16) directed the Union Government to take immediate steps for deporting 17 declared foreigners detained in transit camps of Assam. The Court gave this direction considering that no pending cases were registered against them. 

The bench of Justices AS Oka and Ujjal Bhuyan was hearing the matter pertaining to condition of detention centres in Assam where individuals with a doubtful citizenship and deemed foreigners were kept in detention. The Court ordered the immediate deportation of 17 such declared foreigner against whom no criminal charges were pressed. 4 of such foreigners were detained beyond a period of 2 years.  

The Court took note of the report submitted by the Assam Legal Services Authority Committee who were directed on April 30 to visit the detention centres to ascertain the number of foreigners detained for 2 years and subsequently form a committee to investigate the facilities been given to such foreigners at the detention centres. The said order of 30.4.24 reads : 

"We direct the Assam State Legal Services Authority to visit the detention centres of declared foreigners in the State of Assam and ascertain from the records maintained in detention centres how many declared foreigners have been detained in the said detention centres for a period of more than two years. After completing this exercise, the Assam State Legal Services Authority shall also constitute a team to visit the detention centres with a view to find out the facilities which are made available to the declared foreigners in the detention centre."  

While the Assam State Legal Services Authority informed the bench that out of the 17 foreigners , 4 of them were detained for over 2 years, the report on the facilities in the detention centre was not furnished. The following direction was then passed in the order dictated : 

" The report dated 14 May 2024, shows that there is a detention centre also known as a transit camp in Assam. There are 17 declared foreigners detained in the detention centres of the transit camp out of which 4 have spent more than 2 years.We are of the view that UOI must take immediate steps for deporting these 17 declared foreigners as it is not the case that there are offences registered against them. Priority should be given to deport the 4 persons who have spent more than 2 years in the detention centre. The Union of India shall forward a copy of this order to all concerned authorities of Union of India to take immediate steps for deporting these foreigners."

During the hearing Justice Oka observed that such foreigners have been detained while no pending case has been registered against them. 

"These are not cases where trial is pending or offence is pending...they are there only because they are found to be foreigners....see there is no case pending against them, the government of India must take immeditae action for deporting all of them."

On a lighter note, he added that the budget used for  providing facilities to such declared foreigners could have been utlised for other welfare activites for Indian citizens instead. 

"In a lighter vein we are telling you, you are giving hospitality to foreign nationals who should have gone out of India long time back , same money can be used for the welfare of the citizens of India."

Justice Bhuyan also weighed inquire whether there was any existing procedure or treaty in place with the neighbouring countries to facilitate the deportation 

"These foreign tribunals once they have given a finding, what is the next step? Do you have a deportation treaty with the neighbouring country? If they have to be sent there, how will they? You cannot keep them in centres only."  

The Court has ordered that a compliance report in the form of an affidavit shall be given from 2 months from today.The Committee appointed by the Assam State Legal Services shall visit the detention centre to find out the nature of facilities made availbel for the declared foreigners.

The matter will now be heard on July 26.  

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

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