GUWAHATI: The Supreme Court on Monday sought answers from the Union Ministry of Home Affairs and the Assam government regarding the deportation plan of 211 declared foreign nationals currently detained in a transit camp in Matia in Assam’s Goalpara district.
The Court has also sought a reply from the Assam government on a report of the Assam District Legal Services Authority concerning 211 declared foreign nationals out of which 66 are from Bangladesh.
A bench comprising Justices Abhay S. Oka and Augustine George Masih was hearing a petition related to the conditions of detention centres in Assam.
On July 26, it flagged that the conditions of the detention centres are ‘deplorable’ and termed it a ‘sorry state of affairs’ due to inadequate water supply, shoddy sanitation systems, among others. These observations were based on the report filed by the Assam Legal Services Authority.
“On the deportation of 211 foreign nationals, it will have to be a ‘joint effort’ of the Union and the State of Assam to deport the foreign nationals as a response to an affidavit filed by the Union Ministry of Home Affairs stating the power to deport has been delegated to the State Government,” the apex court stated.
In an affidavit submitted on August 14, the Ministry of Home Affairs stated: “The powers of deportation, repatriation of foreigners are vested in the Central Government for which orders are made under Section 3 of the [Foreigners Act]. The powers of Central Government have been delegated to the State Government.”
Justice Oka observed that the Union government had placed the entire responsibility on the state. He further noted that while powers might have been delegated, both parties share the responsibility.
The state Counsel stated that the Assam government would file an affidavit in this regard. He added, “The nationality status verification forms have already been sent to the Ministry of External Affairs by a letter of 2019. The verification report is yet to be received.”
The Counsel stated that verifying the nationality of the individuals, who are believed to be from Bangladesh, necessitates diplomatic engagement between the Indian Ministry of External Affairs and the Bangladeshi government.
The Supreme Court stated that for it to consider the issues further, the report needs to be on record. It, therefore, directed the Supreme Court Registry to put the report to the Committee on record.
Justice Oka stated that the report gives specific details of how many declared foreign nationals are to be deported.
The Court announced that it would issue directives, but emphasized the need for joint coordination between the union and state governments to deport the declared foreign nationals unless any individual explicitly states their “unwillingness to return”.
Senior Advocate Colin Gonsalves, for petitioners, said: “Ever since CAA-NRC started, 10 years have passed, and if you ask them how many they have deported, in one affidavit filed couple of years ago, there were six persons out of 2 lacs.”
Justice Oka stated that the report says that some of the foreign nationals do not want to go back to their home State.
Gonsalves said, “Most of them are willing not to go back. Many of them have fought the orders of the foreigner tribunal which are ex-parte”.
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Justice Oka remarked that those foreign nationals from Bangladesh are too willing to go back.
“Maybe a handful will go back…The number of persons declared foreign nationals is 9 lacs,” Gonsalves stated.
ASG KM Natraj, for the Union, submitted that all foreign nationals will be deported from India. He said, “All such illegal immigrants will have to be deported…”
On May 16, a bench of Justices Oka and Bhuyan ordered for an immediate deportation of 17 foreign nationals 4 of which were detained for a period beyond 7 years.
