Supreme Court rebukes Assam govt over inaction in a case relating to detention of foreigners in the state

April 1: A bench headed by Chief Justice Ranjan Gogoi rebuked the Assam Government after its Chief Secretary failed to be present in court to answer queries on foreigners issue. The bench was hearing a plea filed by activist Harsh Mander on the condition of detention centres in Assam and the prolonged detention of foreigners in these centres. The petition highlights various rights violations of detainees, including their right to health, education, family unity, work and recreation and access to legal services.

The Assam government on April 1st, 2019 told the Supreme Court that at least 70,000 declared illegal migrants in the state who were to be deported are not traceable. Ranjan Gogoi termed the affidavit filed by the Assam government as an “exercise in futility”. The top court has sought details vis-à-vis how many persons, who have been declared foreigners by the tribunal, have amalgamated with the local population.

The petition is primarily based on the findings of “deplorable conditions” in such centres, as recorded in the report prepared for the National Human Rights Commission (NHRC) by Mander himself. The petition further points out that while on one hand, the government has wide powers of deportation under the law, on the other hand, there are no clear procedures in place for ascertaining nationality of suspected “illegal immigrants” and their subsequent deportation to the country of confirmed nationality.

Chief Justice of India remarked “Only 52,000 have been declared foreigners, though the NRC identified that there are 40 lakh illegal immigrants. Further, only 166 have been deported. Your State is playing around with this Court. Your affidavits are an exercise in futility.”