The Supreme Court of India has expressed strong disapproval of the Assam government’s practice of indefinitely detaining individuals declared as “foreigners” in detention centers, rather than proceeding with their deportation. A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan questioned the state’s inaction, asking pointedly, “Are you waiting for some muhurat (auspicious time)?”
The court emphasized that once a person is declared a foreigner, the state must take immediate steps to deport them. Detaining such individuals indefinitely violates Article 21 of the Constitution, which guarantees the right to life and personal liberty to all persons, including non-citizens. The bench highlighted the importance of upholding human rights and the rule of law, stating that indefinite detention without due process is unacceptable.
In response to the Assam government’s claim that deportation was stalled due to unknown addresses of the detainees, the court dismissed this justification. The bench suggested that the state could deport these individuals to the capital cities of their respective countries, underscoring that the lack of specific addresses should not impede the deportation process.
The Supreme Court has directed the Assam government to commence the deportation of 63 detainees within two weeks and to submit a compliance affidavit detailing the actions taken. This directive aims to ensure accountability and prompt action in addressing the prolonged detention issue.
This is not the first time the Supreme Court has addressed the issue of prolonged detention in Assam. In previous hearings, the court criticized the state for submitting “defective” affidavits that failed to provide justifications for the detention of foreign nationals and lacked details on steps taken for their deportation. The court has consistently emphasized the need for the state to act within the legal framework and uphold the constitutional rights of all individuals.
The prolonged detention of foreign nationals in Assam has been a contentious issue, with human rights organizations and legal experts expressing concern over the violation of fundamental rights. The Supreme Court’s recent directives underscore the judiciary’s role in safeguarding constitutional rights and ensuring that state actions adhere to the principles of justice and human dignity.
The Assam government is now under scrutiny to implement the Supreme Court’s directives promptly. The state’s actions in the coming weeks will be pivotal in addressing the concerns raised by the court and in upholding the constitutional rights of the detained individuals.
By taking decisive action to deport individuals who have been declared as foreigners, the Assam government can demonstrate its commitment to upholding the rule of law and protecting human rights. The Supreme Court’s intervention serves as a reminder of the importance of adhering to constitutional principles and ensuring that all individuals, regardless of their citizenship status, are treated with dignity and respect.
