Supreme Court Criticizes Assam Government Over Inaction In Deporting Foreigners Detained In Detention Centers

Supreme Court Criticizes Assam Government Over Inaction In Deporting Foreigners Detained In Detention Centers

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The Supreme Court on Tuesday delivered a stern rebuke to the Assam government for its failure to deport individuals officially declared as foreigners, pointing out that keeping them in detention centers indefinitely constitutes a violation of their basic rights.

During a hearing, the bench questioned the state’s lack of action, highlighting the continued detention of individuals without deportation. The court directed the Assam government to submit a detailed status report within two weeks, outlining the steps taken toward deportation and the verification of citizenship status for others in similar circumstances.

The court also took issue with the Assam government’s claim that deportation was not feasible due to the absence of local addresses for the detained individuals. Chief Justice asked why the state was waiting for local addresses to process deportations. "Once someone is declared a foreigner, they should be immediately deported. It doesn't matter if you know their local address. You cannot hold them indefinitely. It is the responsibility of the other country to decide where they should go," the Supreme Court remarked.

The bench also suggested that deportation could occur to the capital city of the detainee's country. For example, if an individual is from Pakistan, the government could deport them to Islamabad, the capital, irrespective of the local address. The court emphasized that it was unreasonable to hold people for years merely because of the lack of information on their local residence.

The Supreme Court further warned Assam’s lawyer that false testimony could lead to severe consequences, including the issuance of a notice. The bench demanded that the state government clarify its position, noting the cost incurred by the continued detention of these individuals.

Advocate Colin Gonsalves, representing the petitioner, highlighted a humanitarian issue, stating that these detainees were caught between two countries. India claims they are not Indian, but Bangladesh refuses to accept them, leaving these individuals stranded. Many of them have been detained for over a decade, with Bangladesh consistently rejecting their return.

The Supreme Court noted the significant financial burden of detaining individuals for prolonged periods, expressing concern about the Assam government's apparent indifference to the issue.

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