Plea in SC claims 'sweeping' drive by Assam to deport persons suspected to be foreigners

New Delhi: A plea has been filed in the Supreme Court alleging that the Assam government has reportedly launched a "sweeping and indiscriminate drive" to detain and deport persons suspected to be foreigners without nationality verification or exhaustion of legal remedies.

The plea referred to a February 4 order of the apex court which, while dealing with a separate petition, directed Assam to initiate the process of deportation of 63 declared foreign nationals, whose nationality was known, within two weeks.

"Pursuant to the said order (of February 4)... 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," said the plea filed by the All BTC Minority Students Union.

The petition, filed through advocate Adeel Ahmed, referred to news reports including one about a retired school teacher who was allegedly "pushed back" into Bangladesh.

"These instances reflect a growing pattern of deportations conducted by the Assam Police and administrative machinery through informal 'push back' mechanisms, without any judicial oversight or adherence to the safeguards envisaged by the Constitution of India or this court," it said.

The plea alleged that this policy of "push back", being executed in border districts like Dhubri, South Salmara and Goalpara was not only legally indefensible but also threatens to render stateless numerous Indian citizens, especially those from poor and marginalised communities who were either declared foreigners ex-parte or have no access to legal aid to challenge their status.

It said such actions were directly contrary to the fundamental rights guaranteed under the Constitution.

"The 'push back' policy, as implemented, violates Articles 14 and 21 of the Constitution by deporting individuals without due process, thereby denying them the opportunity to contest their deportation and infringing upon their right to life and personal liberty," the plea claimed.

It alleged that the indiscriminate application of deportation directives, coupled with absence of proper identification, verification and notice mechanisms, has resulted in a situation where Indian citizens were being wrongfully incarcerated and threatened with removal to foreign territories without lawful basis.

The plea sought a direction that no person shall be deported pursuant to the February 4 order without a prior reasoned declaration by the foreigners tribunal, without adequate opportunity of appeal or review and verification of nationality by the Ministry of External Affairs.

It has also sought a declaration that the "push back" policy adopted by Assam was violative of Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution and contrary to binding judicial precedents.