GUWAHATI: In a major decision, the Assam cabinet on Tuesday approved the framing of a standard operating procedure (SOP) to implement the Immigrants (Expulsion from Assam) Act, 1950, for the detection and deportation of foreigners.
Chief Minister Himanta Biswa Sarma made this announcement following the cabinet meeting.
Addressing media persons, he said the Supreme Court had, through a Constitutional Bench, clearly indicated that the Government of Assam was free to use the Immigrants (Expulsion from Assam) Act, 1950 to detect and deport foreigners.
“Under this Act, the deputy commissioner is empowered by the central government to evacuate any person who, in the view of the deputy commissioner, is considered to be a foreigner. The state cabinet today came out with a standard operating procedure to implement the Act in letter and spirit,” Sarma announced.
Under the new SOP, the deputy commissioner will give ten days’ time to the suspected person to prove his citizenship.
If the deputy commissioner, after hearing the person, comes to the conclusion that the person is a foreigner, then he will immediately pass an order of evacuation.
The foreigner will be immediately evacuated or pushed back from Assam, Sarma explained. “However, if the deputy commissioner cannot come to a proper conclusion, then the matter will be referred to a foreigners’ tribunal for further hearing,” he said.
“Under this Act, as mandated by the Supreme Court, it will now be much easier for the Government of Assam to push back foreigners once he is detected and the deputy commissioner comes to the conclusion that he is indeed a foreign national,” the Chief Minister further stated.
Calling it a “landmark decision” of the Assam cabinet, he said never before had the state government attempted this Act.
“Now as the Supreme Court clearly mandated, we are going to implement this Act in letter and spirit,” he reiterated.