NEW DELHI: The Supreme Court came down heavily on the Assam government, expressing its strongest displeasure over the state's failure to make decisions regarding the deportation of individuals declared as foreigners.
A two-judge bench of the apex court, led by Justice Abhay S Oka and Justice Ujjal Bhuyan, observed that once detained persons are declared foreigners, they should be deported immediately.
"You have refused to start deportation, saying their addresses are not known. Why should it be our concern? You deport them to their foreign country. Are you waiting for some muhurat (auspicious time)?"
While passing directions, the Supreme Court ordered the Assam government to initiate the process of deporting 63 individuals, who were detained as foreigners, to their native country.
Criticising the Assam government for not deporting foreigners, the apex court said that even without an address, the state can deport them.
"You cannot continue to detain them indefinitely. Once they are declared foreigners, they should be deported immediately. You know their citizenship status. Then how can you wait until their address is received? It is for the other country to decide where they should go," the court said.
The top court was hearing a case filed by petitioner Rajubala against the Central government over the issue of deporting foreigners.
While reviewing the deportation process, the apex court outlined how the Assam government could proceed. "You can deport them to the capital city of the country."
Giving an example, the top court said “Suppose the person is from Pakistan and you know the capital city of Pakistan? So you send him or her to the capital city of Pakistan.”
"How can you keep them detained here, saying their foreign address is not known? Why have you not mentioned the date on which the verification was sent to the MEA?" it added.
When the Assam government’s counsel requested for more time to file a proper affidavit, the court warned, "We will issue a perjury notice to you (Assam government). As a state government, you are supposed to come clean."
During the hearing, Solicitor General Tushar Mehta, a senior law officer of the Central government, told the court that he would consult with officials from the Union Ministry of External Affairs to find a solution since the issue was not a state subject.
The Chief Secretary of Assam attended the hearing virtually.
The apex court directed the Central government to clarify how to handle stateless individuals within a month.
At the same time, the court ordered Assam to improve conditions in detention centres, forming a committee to inspect facilities fortnightly. It fixed the matter for further hearing on 25 February.
"We direct the State of Assam to file a proper affidavit reporting compliance with this order. If the State government finds that nationality verification forms were sent two months ago, it must immediately issue a reminder to the MEA. As soon as such a reminder is received by the MEA, effective action shall be taken by the Ministry based on nationality status verification," the apex court said in its order.