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

Assam Chief Minister Himanta Biswa Sarma on Friday clarified the state government's stance on the issue of illegal immigrants, stating that foreigners are being identified and pushed back as per Supreme Court directives, with coordination underway between the Government of India and Bangladesh.

Addressing a press conference, Sarma said: “ ...When there are ‘declared foreigner nationals’, after declaration by tribunal, the course open for them is to go to the High Court. So, if they do not go to the High Court, they become declared foreign nationals. Once they are declared as a foreign national and they have not challenged that order, then their right to stay in Guwahati or in Assam is forfeited. So, it is very simple - whoever has gone to the higher judiciary, we have not disturbed them...It is all about judicial process. If the judiciary has given a stay order, we have respected them but if there is no order or even if there is an order and you have shown the order...Our procedure is very simple, that if you are declared foreign national, you have not preferred appeal against the order of the tribunal, then you are bound to be pushed back. So, we have 30,000 people who, after being declared foreign national, disappeared. So, if we get them somewhere, we have to take action...We are working as per law...”

He further emphasised that the state does not trouble individuals who have filed appeals in the High Court or Supreme Court to prove their nationality. “We respect legal processes. If someone is fighting to prove their nationality, we don’t interfere,” the CM added.

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Highlighting the state’s efforts, Sarma mentioned that Assam is expediting the process of identifying illegal immigrants. He also said that the Government of India is in talks with the Government of Bangladesh to facilitate the deportation of confirmed foreign nationals.

The statement comes amidst political debate over recent detention and deportation drives in the state.

A writ petition has been filed in the Supreme Court challenging the 'push-back policy' of the Assam Government for tackling infiltration from Bangladesh. 

As per the petition filed by the All BTC Minority Students Association, the State Government is arbitrarily pushing genuine citizens to the Bangladesh border without following due process under the guise of deporting illegal migrants.

AOR Adeel Ahmad mentioned the writ petition before the bench of CJI BR Gavai and Justice AG Masih for urgent listing.

Notably, on February 4, the bench of Justice Abhay S Oka and Justice Ujjal Bhuyan directed the State of Assam to immediately initiate the process of deporting 63 declared foreigners, whose nationality was known, and file a status report in two weeks. 

However, in that case, the nationality of the 63 persons was confirmed to be Bangladeshi by the Ministry of External Affairs and the Government of Bangladesh.

The Court also observed that "No person, whether declared foreigner or suspected to be one, can be deported unless and until such person has had the opportunity to exhaust the remedies available under law, including appeal or review. Deportation cannot be enforced based solely on executive suspicion or extrajudicial communication."