NEW DELHI — The Supreme Court on Tuesday pulled up the Assam government for
keeping illegal immigrants in detention centres 'indefinitely' and not
deporting them back for lack of their foreign addresses.
A bench of Justices Abhay S. Oka and Ujjal Bhuyan told the
Chief Secretary of Assam, who appeared virtually before the top court pursuant
to its previous order, that once these illegal immigrants are held to be
foreigners, they could not be detained indefinitely.
"Once they are held to be foreigners, they should be
deported immediately. You know their citizenship status. Then how can you wait
till their address is received? It is for the other country to decide where
they should go," added the Justice Oka-led Bench.
Turning down the submission that deportation could not be
effected without actual addresses of illegal immigrants, the apex court said
that these foreigners should be deported to their capital city.
"Once you declare a person as a foreigner, then you
have to take the next logical step," it said. Solicitor General (SG)
Tushar Mehta, the second-highest law officer of the Centre, said that he has
spoken to the highest executive authority of the Assam government and would
file consolidated documents, after discussing the matter with the concerned
officials.
SG Mehta assured that he would also sit with Union Ministry
of External Affairs officials and find a solution.
In its order, the Supreme Court ordered the Assam government
to commence the procedure for deportation, even if the addresses of those
persons detained in detention centres in a foreign country are not available.
It further directed the state government to file a detailed
affidavit regarding the nationality verification process within two weeks.
In the meantime, it asked the Assam government to form a
panel of officers to visit the detention centres and ensure that all facilities
are properly maintained. The matter will be heard next on February 25.
Recently, a bench of Justices J.B. Pardiwala and R.
Mahadevan of the apex court asked the government to explain "the
idea" of keeping hundreds of illegal Bangladeshi immigrants in detention
camps for an indefinite period of time after they have completed their term of
sentence under the Foreigners Act, 1946.
It also sought data about illegal immigrants, as to date, in
various detention camps/correctional homes after being convicted and having
undergone the entire sentence under the Foreigners Act.
"We would like to understand from the respondents
(authorities) that once an illegal immigrant from Bangladesh has been convicted
for the alleged offence, is it not established that he is not a citizen of
India? What is the idea of keeping hundreds of such illegal immigrants in
detention camps/correctional homes for an indefinite period of time?" the
top court questioned.
