Pushback policy to resume: Assam CM cites SC nod on immigrant expulsion order

Assam Chief Minister Himanta Biswa Sarma has announced a significant shift in the state's approach to identifying and deporting undocumented immigrants, stating that the government will intensify the "pushback" process in light of recent developments in the Supreme Court.

 

Speaking ahead of a press conference, the Chief Minister said that the state government has revisited legal provisions following the Supreme Court's hearing on Clause 6A of the Citizenship Act, currently under review by a constitutional bench.

 

"The Supreme Court clearly stated that the Assam government is not legally bound to seek judicial approval each time it wants to identify or deport foreigners. There is an old legal provision — the Immigrants (Expulsion from Assam) Order, 1950 — which is still in force," Sarma explained.

 

According to the Chief Minister, the Supreme Court has reaffirmed that under this order, district commissioners (DCs) hold the authority to issue expulsion orders without needing to move the court. "For reasons unknown, our legal advisors did not inform us about this earlier, and we were unaware of its applicability," he added.

 

Sarma said this legal revelation has prompted the state government to accelerate the foreigner identification process, which had slowed down in recent years due to matters related to the National Register of Citizens (NRC).

 

“From now on, when someone is identified as a foreigner, we may not necessarily send them to a tribunal. Instead, we will implement repeated pushbacks, especially in cases not currently pending in court. Preparations for this new phase have been underway for the last few days,” he stated.

 

The Chief Minister also confirmed that pushbacks have already been carried out in a number of cases, and more are expected as the list of identified individuals grows.