SC plea alleges ‘sweeping’ deportation drive in Assam, seeks protection of legal rights

A plea filed in the Supreme Court has raised serious concerns over an alleged “sweeping and indiscriminate” deportation drive by the Assam government targeting individuals suspected of being foreigners. 

The petition claims that such actions are being undertaken without proper nationality verification or the exhaustion of legal remedies, including mandatory tribunal declarations and appeals.

Filed by the All BTC Minority Students Union through advocate Adeel Ahmed, the plea contends that Assam authorities, citing a Supreme Court order dated February 4, have initiated widespread detentions and deportations. The February 4 order had directed the state to begin deportation proceedings within two weeks for 63 declared foreign nationals whose nationalities were verified.

However, the petitioner argues that the state is misinterpreting the court’s order and has used it to justify the broader deportation of individuals who have not been declared foreigners by the Foreigners Tribunals, or who are still within their legal appeal periods. The plea highlights cases of alleged "informal push backs", including that of a retired school teacher, who was reportedly forced across the border into Bangladesh without due process.

Also Read: Declared foreigners must exit Assam if no legal appeal filed: Himanta Biswa Sarma

“These instances reflect a growing pattern of deportations conducted by the Assam Police and administrative machinery through informal ‘push back’ mechanisms, without any judicial oversight or adherence to constitutional safeguards,” the petition states.

The alleged deportation drive is said to be concentrated in the border districts of Dhubri, South Salmara, and Goalpara, raising alarm among civil rights advocates who warn that many Indian citizens—particularly from marginalized and poor communities—are at risk of being wrongfully labeled as foreigners.

The plea maintains that such deportations violate Articles 14 (equality before law) and 21 (right to life and personal liberty) of the Constitution. “The ‘push back’ policy, as implemented, violates due process by deporting individuals without allowing them to contest their status or verify their nationality, thereby infringing on their fundamental rights,” it adds.

The petitioner has urged the Supreme Court to:

Direct that no person be deported under the February 4 order without a formal Foreigners Tribunal declaration,

Ensure nationality verification by the Ministry of External Affairs before deportation,

Guarantee individuals are provided an adequate opportunity to appeal or seek review, and

Declare the current push-back policy as unconstitutional and violative of judicial precedents.

The petition is expected to be listed for urgent hearing in the coming days, amid rising concerns about the humanitarian and legal implications of Assam's enforcement measures.