SC sets Mar 21 deadline for Centre’s reply on deportation of foreign nationals

The Supreme Court on Tuesday fixed March 21 as the next date for hearing the Union government’s response regarding its compliance with the court’s earlier directive on the deportation of 270 foreign nationals detained in Assam’s transit camps. The decision came after the Centre sought additional time to conclude “deliberations at the highest level”.

A bench of justices Abhay S Oka and Ujjal Bhuyan adjourned the hearing following a request made by solicitor general (SG) Tushar Mehta.

“The learned solicitor general states that the issue of deportation of foreigners is being dealt with at the highest executive level. If time is granted, he will place on record the decision taken by the competent authority,” the bench recorded in its order.

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The adjournment comes a day after Mehta made an oral request before the court for more time to submit the Centre’s response. On Monday, the SG sought a two-week extension, assuring the court that the matter was under active consideration. The court had accepted the request and allowed the Centre to mention the matter again on Tuesday.

The matter pertains to the deportation of 270 foreign nationals detained in Assam’s transit camps. In its February 4 order, the Supreme Court had directed the Centre and the Assam government to expedite the deportation process, warning that the indefinite detention of such individuals was a “violation of all human rights”. The court had also demanded a clear plan on the fate of those whose nationalities remain unverified, referring to them as “stateless” persons.

During the February 4 hearing, the bench had criticised Assam’s failure to provide complete details about the deportation process, calling its affidavit “vague.” The judges had emphasised that authorities must take logical steps once an individual is declared a foreign national, stating: “You can’t have such persons detained till eternity. It’s a violation of all human rights and international obligations to keep them detained endlessly.”

A significant hurdle in the deportation process was revealed when the Assam government informed the court that deportation proceedings for 63 detainees had stalled due to the absence of their foreign addresses. The court, however, dismissed this justification, stating: “Not having a foreign address can never be a ground. These foreigners also have rights under Article 21, and they cannot be detained endlessly.”

The Supreme Court had earlier set a two-week deadline for the Assam government to begin the deportation process, including sending reminders to the Centre where deportation proposals were already submitted. The court had directed that individuals whose nationalities had been verified should be deported without delay, with necessary paperwork forwarded to the Ministry of External Affairs (MEA) promptly.

Regarding stateless persons, the court had instructed the Centre to file an affidavit outlining how such cases would be addressed, as well as providing details on past deportations and procedures followed in similar instances. The Centre was also required to explain its approach to handling stateless persons and cite any relevant precedents.

Additionally, the court had ordered Assam to ensure humane conditions in detention centres, directing the state to establish a committee that would conduct fortnightly visits to transit camps and detention centres to monitor facilities. “It is the responsibility of the state to ensure all facilities at the detention centres are properly maintained,” the bench had noted.