NEW DELHI — Calling it a "defective" affidavit, the Supreme Court on
Wednesday slammed the Assam government for not giving in its reply reasons for
detaining 270 foreigners at the Matia transit camp.
A bench of Justices Abhay S Oka and Nongmeikapam Kotiswar
Singh directed the Assam chief secretary to remain present through
video-conferencing on the next date of hearing.
The top court said it granted six weeks time to the state
government on December 9 to file the affidavit and expected it to give reasons
for detaining 270 foreign nationals in the transit camp besides details on the
steps taken for their deportation.
"The affidavit does not give any justification for
detaining...steps taken to deport are not set out. This is gross violation of
orders of this court. We direct the chief secretary to remain present through
video-conferencing and explain the non-compliance," the bench said.
The counsel appearing for the stat government submitted that
persons were detained only after they were declared foreigners by the
foreigners tribunals and explained the mechanism of deportation of illegal
migrants.
The top court sought to know why detentions were continuing
without the deportation process even being initiated.
The court expressed displeasure after the Assam government
counsel said the affidavit was confidential and should remain sealed.
"This shows that the state does not want to come clean.
Tell us what is confidential in the affidavit?" asked the bench.
The lawyer said the affidavit contained the addresses of
foreigners and the details could go to the media.
"Assam counsel states that affidavit filed should be
kept in sealed envelope, as contents thereof are confidential. Though we are
directing that it be kept in sealed enveloped, prima facie we disagree with the
counsel that there is something confidential about the contents," the
bench said.
The top court had directed Assam State Legal Services
Authority to conduct surprise visits at the Matia transit camp for foreigners
to check the facility's hygiene and food quality.
The bench was hearing a plea concerning the deportation of
persons declared foreigners and facilities at the detention centres in Assam.
While hearing the matter on May 16 last year, the apex court
observed that the Centre must take immediate steps for deporting 17 foreigners
at the detention centre in Matia. It said priority should be given to deport
four, who had spent more than two years in the detention centre.
The plea also sought a direction to the Assam government not
to detain any person declared a foreigner by the tribunal until it could show
proof of a possible deportation in near future.
