SC declines plea against Assam's 'push-back' policy, directs petitioners to Gauhati HC

The Supreme Court of India has declined to entertain a petition challenging the Assam government's push-back policy, designed to tackle infiltration from Bangladesh. 

The court advised the petitioner, All BTC Minority Students Union, to approach the Guwahati High Court regarding the matter. 

The petitioner alleges that the state of Assam has reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners, lacking Foreigners Tribunal declarations, nationality verification, or having exhausted legal remedies.

Advocate Adeel Ahmed says, "All-Assam BTC Muslim Students Union has filed a PIL, and the matter was because the government of Assam has misinterpreted the Supreme Court's order. The SC had clearly passed orders saying that, in case the identified Bangladeshis who are already in detention camps can be deported to Bangladesh, let them do so. Otherwise, pending proceedings will be dealt with, and accordingly, Bangladeshis identified at their end should be deported. The Government of Assam has taken the other way around and draws a pushback policy where they have picked people randomly, and they are being forcibly deported to the no-man's land. The SC has said today that this being the matter where individual cases are involved, appropriate orders may be made in the matter, which may be appropriately adjudicated before the concerned High Court."

Assam Chief Minister Himanta Biswa Sarma has reaffirmed the state's adherence to legal processes, stating, "We respect legal processes. If someone is fighting to prove their nationality, we don’t interfere." He clarified that declared foreigners should exit Assam if no legal appeal is filed against tribunal decisions. Sarma insisted, "Our procedure is very simple, that if you are declared a foreign national, you have not preferred appeal against the order of the tribunal, then you are bound to be pushed back."

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

The Assam government is expediting efforts to identify illegal immigrants, with the Chief Minister noting that coordination with the Government of India and Bangladesh is ongoing to deport confirmed foreign nationals. This initiative is a significant part of managing the challenges posed by illegal immigration. Sarma also highlighted that approximately 30,000 declared foreign nationals have disappeared, underlining the complexities involved in immigration enforcement.

In February, the Supreme Court directed the Assam government to deport 63 individuals identified as declared foreigners with confirmed Bangladeshi nationality and to file a status report within two weeks. These directives highlight the intricate diplomatic engagements between India and Bangladesh as they work together to address issues of illegal immigration and deportation efficiently.

The Supreme Court has observed that no individual, whether declared a foreigner or suspected to be one, can be deported without the opportunity to exhaust all legal remedies, including appeals or reviews. This ensures that deportations cannot be enforced purely on executive suspicion or extrajudicial communication, thus safeguarding individuals' legal rights.

Chief Minister Sarma has assured that Assam operates under Supreme Court directives, ensuring that the identification and deportation processes for declared foreigners are conducted within the judicial framework. The state is committed to maintaining the rule of law throughout its immigration management procedures.