The Supreme Court on June 2, declined to entertain a petition alleging that the Assam government has reportedly launched a “sweeping and indiscriminate drive” to deport persons suspected to be foreigners to Bangladesh.
A vacation bench of Justices Sanjay Karol and Satish Chandra Sharma asked the All BTC Minority Students Union (ABMSU) to approach the Gauhati High Court for appropriate relief.
The petitioner said that the state of Assam has reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners, even in the absence of Foreigners Tribunal declarations, nationality verification, or exhaustion of legal remedies.
The petition filed through advocate Adeel Ahmed said there is a growing pattern of indiscriminate detentions and extrajudicial “push backs” of individuals, many of whom are from marginalised communities, by Assam authorities in border districts such as Dhubri, South Salmara, and Goalpara.
By its February 4 order, the apex court had directed the deportation of 63 identified “declared foreigners” whose Bangladeshi nationality was confirmed by the Ministry of External Affairs (MEA) and the government of Bangladesh.
The petition said that the Assam government has gone far beyond the mandate of that order by launching a sweeping deportation drive without any judicial oversight.
The petition alleged a violation of fundamental rights arising out of the ongoing deportation of Indian citizens under the guise of implementing the top court’s order.
“This policy of ‘push back’– being executed in border districts like Dhubri, South Salmara, and Goalpara–is not only legally indefensible, but also threatens to render stateless numerous Indian citizens stateless, especially those from poor and marginalised communities who were either declared foreigners exparte or have no access to legal aid to challenge their status,” the petition stated.
It sought direction that deportation without due process, including judicial declaration, MEA verification, and exhaustion of remedies, is unconstitutional.
It further sought a stay on all deportation proceedings carried out against individuals.
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