Assam: SC seeks response on deportation plan for 211 foreign nationals detained in transit camp

The Supreme Court sought an answer from the Assam State Government and the Union Ministry of Home Affairs about the deportation plan for the 211 proclaimed foreign nationals who are being held in a transit camp in the Goalpara district of Assam.

A response to a report by the Assam District Legal Services Authority on 211 declared foreign nationals, of which 66 are from Bangladesh, has also been requested by the Court from the Assam Government.

A petition concerning the circumstances of the incarceration facilities in Assam was being heard by a bench of Justices Abhay S. Oka and Augustine George Masih. 

On the 26th of July, the conditions within the detention camps were described as 'deplorable' and as a 'sorry state of affairs' due to inadequate water supply, shoddy sanitation systems, leaking restrooms, and other problems.

These conclusions are based on a research conducted by the Assam Legal Services Authority.

Also Read: Assam: 28 declared foreigners from Barpeta sent to detention camps in Goalpara

In an affidavit submitted on August 14, the Ministry of Home Affairs stated: "The Central Government has the authority to deport and repatriate foreign nationals, and orders are issued in accordance with Section 3 of the Foreigners Act." The State Government now has authority over the Central Government's functions.

Justice Oka noted after reading the affidavit that the Union had placed all the responsibility on the State. Although authority may have been divided, all parties must nevertheless take responsibilities, he continued.

The Assam government would submit an affidavit in this respect, the State counsel stated. He continued, saying, "A letter dated 2019 has already been sent to the Ministry of External Affairs requesting the nationality status verification forms." There has not yet been a verification report received.

Since the foreign people are purportedly from Bangladesh, the Counsel indicated that diplomatic contact between the External Affairs Ministries of India and Bangladesh is necessary for nationality verification.

The 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 stated that it will issue directions but along with the Union Government, the State Government will have to coordinate to deport the declared foreign nationals unless someone says they don't want to go back.

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 a 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.

To this, Gonsalves replied: 'Most of them are willing not to go back. Many of them have fought the orders of the foreigner tribunal which are ex-parte.'

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 whom were detained for a period beyond 7 years.