Supreme Court refuses to consider plea over Assam government's move to deport suspected foreigners

New Delhi: The Supreme Court on Monday refused to entertain a plea challenging the Assam government's "push back" policy of February 4, including a "sweeping and indiscriminate drive" to detain and deport people suspected to be foreigners allegedly without nationality verification or exhaustion of legal remedies.

A bench of Justices Sanjay Karol and Satish Chandra Sharma asked senior advocate Sanjay Hegde, appearing for the petitioner, All BTC Minority Students Union (ABMSU), to approach the Gauhati High Court for the relief.

"We are not inclined to hear it. Sorry. Why are you (petitioner) not going to the Gauhati High Court," the bench asked the counsel.

Hegde submitted that the plea was filed on the basis of an order passed by the apex court earlier.

The court, however, refused to consider the matter. "Please go to the Gauhati High Court," the bench told the counsel.

On this, Hegde submitted the petitioner would then withdraw the plea to take appropriate recourse before the High Court.

The court allowed this plea. The petition challenged the Assam government's policy.

It sought a declaration that the "push back" policy adopted by Assam was violative of Articles 14 and 21 of the Constitution and contrary to binding judicial precedents.

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

The petitioner organisation said 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.

"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," the plea said.

While referring to news reports, including the one about a retired school teacher who was allegedly "pushed back" into Bangladesh, the plea said, such actions were directly contrary to the fundamental rights guaranteed under the Constitution.

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