Assam: Supreme Court flags lack of proper toilets, medical facilities in detention centre

Flagging the "sorry state of affairs" at a detention centre for declared foreigners in Assam, the Supreme Court on Friday said it lacked adequate water supply, proper toilets and sanitation.

The apex court said it has perused a report submitted by the Assam State Legal Services Authority about the status of facilities made available at the detention centre in Assam's Matia.

"We find that the facilities are very poor in the sense that there is no adequate water supply, there is no proper sanitation, there are no proper toilets," a bench of Justices Abhay S Oka and Augustine George Masih said.

The bench, which was hearing a plea concerning the deportation of those who have been declared as foreigners and the facilities provided at the detention centres in Assam, said the report does not speak about the availability of food and medical help. 

It directed the secretary of the Assam State Legal Services Authority to ensure one more visit to ascertain the quantity and quality of the food supplied at the centre if cleanliness is maintained in the kitchen, and the existence of medical and recreational facilities. 

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The top court asked for a fresh report to be placed before it within three weeks and posted the matter for hearing in September.

While hearing the matter on May 16, the apex court observed that the Centre must take immediate steps for deporting 17 declared foreigners at the detention centre in Matia. It had said priority should be given to deport four who have spent more than two years in the detention centre. 

During the hearing on Friday, the bench observed, "Please see the report submitted by the Assam State Legal Services Authority. Such a sorry state of affairs. There is no water supply, there are no proper toilets, and no medical facilities. What kind of facilities you are managing?" 

The counsel appearing for Centre said he has instructions with regard to deportation as per the apex court's May 16 order.

The bench asked the Centre's counsel to also take instructions regarding facilities provided at the detention centres. 

The counsel appearing for the petitioner said they have heard from lawyers in Assam that some of those who are proposed to be deported have cases pending in the high court. "They must check since they are deporting people whose cases are pending somewhere down the line," he said. 

The petitioner's counsel said deportation should not happen before the legal process has got completed. 

"They must tell us if it is voluntary, involuntary and whether the Bangladesh government has agreed," the lawyer said. The bench granted the Centre three weeks to file its response on the issue of deportation. 

The plea has also sought a direction to the Assam government not to detain any person declared a foreigner by a foreigners tribunal until it can show proof of possible deportation in the foreseeable future.