GUWAHATI: The Supreme Court on Tuesday, February 4 slammed the Assam government for not deporting persons declared as foreigners and for keeping them in detention centres indefinitely.
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A bench of justices Abhay S Oka and Ujjal Bhuyan questioned the Assam government’s explanation that deportation steps weren't taken since the foreign addresses of the migrants.
To this Justice Oka told Assam Chief Secretary, who was present virtually, “ You have refused to start deportation saying their addresses are not known. Why should it be our concern?”
Oka said they could be deported even without address. “You can't continue to detain them indefinitely. "Foreign address not divulged"- this is the reason to not deport?” he said.
He said once they are held to be foreigners, they should be deported immediately. “You know the status of their citizenship. Then how can you wait till their address is received? It is for the other country to decide where should they go.”
When the Assam counsel asked where could they be sent said without their address, Oka replied, “You deport them to the capital city of the country. Suppose the person is from Pakistan, you know the capital city of Pakistan? How can you keep them detained here saying their foreign address is not known? “
Oka said that the affidavit of Assam government was per se defective.
"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 told the counsel appearing for the Assam government.
The top court directed the Assam government to start within two weeks the deportation of 63 persons kept in detention centres and file a compliance affidavit.
The bench was hearing a plea concerning the deportation of persons declared foreigners and facilities at the detention centres in Assam.
