02-Jun-2025 05:20 PM
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New Delhi, June 2 (Reporter) The Supreme Court on Monday declined to entertain a plea challenging the alleged "sweeping" deportation drive launched by the Assam government against persons suspected to be foreigners.
The petition claimed that these actions were being carried out without proper nationality verification or allowing affected individuals to exhaust their legal remedies.
A bench comprising Justice Sanjay Karol and Justice Satish Chandra Sharma directed the petitioner, All BTC Minority Students Union, to approach the Gauhati High Court for appropriate relief.
"Why are you not going to the Gauhati High Court?" the bench asked Senior Advocate Sanjay Hegde, who appeared for the petitioner.
Hegde responded that the plea was filed based on a prior order passed by the apex court. However, the bench insisted, "Please go to the Gauhati High Court."
Following this, Hegde sought permission to withdraw the plea to pursue remedies before the High Court, which the bench allowed.
The plea, filed through Advocate Adeel Ahmed, referred to a Supreme Court order dated February 4, which directed the Assam government to begin deportation of 63 declared foreign nationals whose nationalities were known within two weeks.
The petitioner claimed that pursuant to this directive, the Assam government had initiated a widespread and indiscriminate crackdown against individuals suspected of being foreigners.
According to the plea, this included actions even in cases where there was no formal declaration from a Foreigners Tribunal, no verification of nationality, or no completion of legal recourse. It cited media reports, including one involving a retired school teacher allegedly pushed back into Bangladesh without due process.
“These instances reflect a growing pattern of deportations through informal 'push back' mechanisms without judicial oversight, violating constitutional safeguards,” the plea claimed.
It further argued that the policy violated Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution, as individuals were being deported without due process, notice, or nationality verification, leading to wrongful incarceration and forced removal of Indian citizens.
The plea sought directions to prohibit deportations pursuant to the February 4 order unless preceded by a reasoned declaration by a Foreigners Tribunal, verified nationality by the Ministry of External Affairs, and the opportunity for appeal or review.
It also requested the court to declare the Assam government’s “push back” policy unconstitutional and contrary to binding judicial precedents...////...