On one hand where the Donald Trump establishment has started its crackdown on illegal migrants.
A United States military flight carrying 205 illegal Indian migrants departed from San Antonio for Punjab’s Amritsar on Monday.
On the other side, the SC of India has slammed the Assam government over not taking steps to deport persons declared as foreigners and for keeping them in detention centres indefinitely.
The Supreme Court on Tuesday slammed the Assam government for not deporting persons declared as “foreigners” and keeping them in detention centres indefinitely.
The apex court said once the detained persons are identified as “foreigners”, they should be deported immediately.
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According to live law, addressing Assam Chief Secretary Dr.Ravi Kota, who was directed to appear virtually, Justice A.S Oka said,
“You have refused to start deportation, saying their addresses are not known. Why should it be our concern? You deport them to their foreign country. Are you waiting for some muhurat, which translates to auspicious time?” “Even without address, you can deport them. You can’t continue to detain them indefinitely.”
“Foreign address not divulged”- this is the reason to not deport?
The judge questioned, expressing surprise.
The counsel representing the Assam Govt asked, “Without their address, where do we deport them to?”
Justice Oka responded, “You deport them to the country’s capital city. 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? You would never know the address,” Justice Oka stated.
A bench of justices Abhay S Oka and Ujjal Bhuyan further directed the start of the deportation of 63 persons kept in detention centres within the next two weeks. It also ordered for the state government to file a compliance affidavit.
Addressing Solicitor General of India Tushar Mehta, who was also present, Justice Oka said, “State of Assam is indulging in suppression of facts.”
The Solicitor General offered apologies for the lacunae. Saying that he will speak to the highest authorities in the executive, he assured that all details would be placed before the Court and requested for time.
The State was directed to file an affidavit updating the status within a period of two weeks.
The bench further said: “We direct the State to file a proper affidavit reporting compliance with this order. If the State Govt finds that nationality verification forms have been sent two months back, the State will immediately issue a reminder to MEA. As soon as such reminder is received by the MEA, effective action shall be taken by the Ministry on the basis of nationality status verification,” the bench ordered.
According to live law, The bench further directed that it was the responsibility of the State to ensure that all facilities in the detention centre are properly maintained. The State was directed to constitute a committee of officers who will visit the transit camps/detention centres once fortnight and ensure that proper facilities are available there.
The Court also directed the central Government to give details regarding the persons deported so far. The centre was also asked to inform how it proposed to deal with persons whose nationality was not known.
The matter will be considered next on February 25 to consider the State’s affidavit.
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