The judges rejected Assam's request to keep affidavits confidential, stating there was no valid justification for withholding such information
GUWAHATI: The Supreme Court has expressed dissatisfaction with the Assam government's handling of foreign nationals detained in transit camps and directed the state’s Chief Secretary to appear via video conferencing on February 5 to explain the non-compliance with its earlier orders.
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A bench comprising Justices Abhay S. Oka and N. Kotiswar Singh on Wednesday, January 22 raised concerns over the prolonged detention of 270 individuals, including 66 from Bangladesh, without progress on their deportation.
The court noted that some detainees have been in the Matia Transit Camp for over a decade and criticised the state's failure to justify their detention or outline steps for deportation. The judges highlighted that the state's affidavit lacked vital details on why the deportation process had not been initiated, despite detainees being declared "foreigners" by the Foreigners’ Tribunal.
Assam’s counsel argued that deportation depended on the Union government, which required verification of detainees' identities through diplomatic channels. However, the court pointed out delays and gaps in the state's submission, including missing timelines for nationality verification and inadequate follow-up.
Justice Oka also questioned the state on why cases against some detainees had not progressed and called the situation a "sad state of affairs." The court emphasised that prolonged detention violates the detainees' rights under Article 21 of the Constitution.
The judges further rejected Assam's request to keep affidavits confidential, stating there was no valid justification for withholding such information. They directed the Chief Secretary to submit a detailed affidavit explaining the state’s stance on confidentiality and addressing pending deportation issues before the next hearing.