SC raps Assam govt over delay in deporting foreigners: 'Are you waiting for some muhurat?'

The apex court directed the Assam government to commence the deportation of 63 individuals currently housed in foreigner detention centres within two weeks.

The Supreme Court on Tuesday pulled up the Assam government for its failure to deport individuals declared as foreigners, who have been held in detention centres for an indefinite period. The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, expressed strong disapproval over the state's refusal to begin the deportation process, despite declaring these individuals as foreigners.

During the hearing, the bench questioned the Assam government’s reasoning for halting deportations, particularly its claim that the addresses of the detainees were unknown. "Why should it be our concern? You deport them to their foreign country. Are you waiting for some muhurat (auspicious time)?" the court remarked.

The justices noted that once a person is officially declared a foreigner, the next logical step should be deportation, not indefinite detention. They also referred to Article 21 of the Constitution, which guarantees the right to life and personal liberty, urging the Assam government to respect these rights by taking immediate action.

"Once you declare a person foreigner, then you have to take the next logical step. You cannot detain them till eternity. Article 21 of the Constitution is there. There are many foreigner detention centres in Assam. How many have you deported?" the bench remarked.

The court directed the Assam government to commence the deportation of 63 individuals currently housed in foreigner detention centres within two weeks. It further instructed the state to file a compliance affidavit detailing the progress of the deportations.

The bench was hearing a plea regarding the conditions of detention centres in Assam and the deportation process for those deemed foreigners. This ruling underscores the urgency of addressing the situation, which has long been a point of contention in the state’s complex political and demographic landscape.