NEW DELHI: The Supreme Court on Monday expressed unhappiness over the inaction in a case relating to the detention of foreigners in Assam and directed the state Chief Secretary to appear before it on April 8.
The Ministry of Home Affairs in its affidavit to the apex court has admitted that over 70,000 individuals who were declared foreigners by the tribunal are untraceable now.
“They have mixed with the local population,” Solicitor General Tushar Mehta told a bench headed by Chief Justice of India Ranjan Gogoi.
“You (Assam government) are saying that the declared foreigners have gone untraceable. How do you intend to identify them and deport them,” the bench asked.
Mehta told the bench that the tribunals had determined them foreigners but before they could be sent back, they merged with the locals in the state.
This irked the CJI and he wondered if declared foreigners could vanish like this, what would happen to those whose proceedings are yet to be finalised by the foreigners’ tribunal.
The court was about to issue a non-bailable warrant against the chief secretary but refrained from taking the coercive step after the solicitor general urged against it and said, “There has to be a reason why we wanted the chief secretary to remain present. But he is not here. Should we issue a non-bailable warrant against him?”
As Mehta undertook to make him available on the next date of hearing, the bench ordered that the chief secretary will remain present on Monday next and will not go back to Assam until allowed by the court.
“Your government is playing around with the orders of this court. Your affidavit is an exercise in futility. Despite all your non-cooperation, we can pass orders under our constitutional powers. Should we do that?” the bench questioned the SG.
The SC then directed the chief secretary to appear before it and posted the PIL filed by activist Harsh Mander on the issue for April 8. The bench was hearing a plea on the condition of detention centres in Assam and the prolonged detention of foreigners there.
A contentious issue for long in Assam
MHA has told the court that out of about 91,609 people declared as illegal foreigners by Foreigners Tribunals, 72,486 were absconding.
The affidavit said that these declared foreigners are required to be kept in detention centres till their deportation.
It said 1,215 foreigners, who have completed their jail term and 829 people declared as foreigners are lodged in six detention centres in Assam.