Kiran Raj

The Supreme Court has directed the Assam government to immediately deport 63 individuals who have been declared as foreigners under the National Register of Citizens (NRC) exercise. A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan questioned the Assam government’s prolonged inaction, stating that the indefinite detention of foreigners violates Article 21 of the Constitution. The court recorded that deportation must proceed even in the absence of a verified foreign address and questioned the state government for not disclosing complete details regarding the verification process.

The case pertains to individuals who have been declared foreigners under the NRC process but remain detained in Assam due to delays in their deportation. The Assam government submitted that the primary reason for non-deportation was the lack of verified addresses in their respective home countries. The state's counsel argued that without confirmation of foreign addresses, repatriation was not feasible.

The Supreme Court questioned this explanation and sought clarity on why the government had not taken steps to deport these individuals. During the proceedings, the Chief Secretary of Assam was present virtually. Addressing him, the court stated: “Even without an address, you can deport them. You can’t continue to detain them indefinitely. Once they are held to be foreigners, they should be deported immediately. You know their citizenship status. Then how can you wait till their address is received? It is for the other country to decide where they should go.”

The state’s counsel asked where these individuals should be deported in the absence of a foreign address. In response, Justice Oka remarked: “You deport them to the capital city of the country. Suppose the person is from Pakistan—you know the capital city of Pakistan? How can you keep them detained here, saying their foreign address is not known? Why have you not mentioned the date on which the verification was sent to the MEA?”

The Supreme Court recorded its concerns over the lack of transparency in the state’s submissions. Justice Oka stated: “We will issue a perjury notice to you. As a State government, you are supposed to come clean.”

Justice Ujjal Bhuyan also raised concerns regarding the prolonged detention of individuals, observing that such actions violate constitutional rights. He questioned: “Once you declare a person as a foreigner, you must take the next logical step. You can’t detain them forever. Article 21 is there. There are many foreigner detention centers in Assam. How many have you deported?”

The court stated that the state’s failure to disclose all relevant facts had led to unnecessary expenditure of public funds on the prolonged detention of these individuals. Justice Oka noted: “On the flip side, the state exchequer is spending on the persons detained for so many years. This concern doesn’t seem to be affecting the government.”

The court further questioned why the Assam government had not provided the dates on which nationality verification requests were sent to foreign authorities.

As the state’s counsel struggled to provide answers, Solicitor General Tushar Mehta intervened and submitted: “I can assure your lordships, I have spoken to the highest authority of the executive. There may be some lacunae, my apologies.”

Mehta assured the court that he would consult with the Union Ministry of External Affairs to address diplomatic challenges related to deportation. He further submitted that necessary steps would be taken to ensure compliance with the court’s directions.

The Supreme Court issued a series of directions to both the Assam government and the central authorities regarding the deportation process and detention center conditions:

1. The Assam government must begin the deportation process without delay, even if foreign addresses are not available.

2. Assam must submit a comprehensive affidavit within two weeks, outlining the nationality verification process, specific actions taken, and the dates of all verification requests sent to foreign authorities.

3. The Union government has been given one month to submit a report explaining how stateless individuals should be handled.

4. The Assam government must improve conditions in detention centers and form a committee to inspect these facilities every two weeks.

5. The court directed the Assam Legal Services Authority to conduct surprise inspections at the Matia Transit Camp to assess hygiene and food quality standards.

The Supreme Court scheduled the next hearing for February 25, 2025, directing all concerned authorities to comply with its orders and submit detailed reports before the hearing.

Case Title: Rajubala Das v. Union of India & Anr.
Case No.: Writ Petition (Criminal) No. 234/2020
Bench: Justice Abhay S Oka, Justice Ujjal Bhuyan 

[Order awaited]