30-May-2025 06:25 PM
7529
New Delhi, May 30 (Reporter) A writ petition has been filed in the Supreme Court challenging the Assam Government’s controversial ‘push-back policy’, aimed at tackling infiltration from Bangladesh.
The plea, moved by the All BTC Minority Students Union (ABMSU), alleges that the State Government is arbitrarily deporting Indian citizens without adhering to legal procedures under the guise of targeting illegal migrants.
Advocate-on-Record (AOR) Adeel Ahmad mentioned the matter before a bench comprising Chief Justice of India BR Gavai and Justice A.G. Masih, seeking urgent listing.
“I have filed a writ petition as well, challenging the pushback policy of Assam, because this entire deportation exercise is being done,” Ahmad submitted before the court.
The petition asserts that the policy violates fundamental rights enshrined under Articles 14, 21, and 22 of the Constitution and is being misused in the aftermath of a Supreme Court order dated February 4, 2025.
In that ruling, a bench of Justices Abhay S. Oka and Ujjal Bhuyan had directed the State to deport 63 individuals whose Bangladeshi nationality had been verified by both the Ministry of External Affairs (MEA) and the Government of Bangladesh.
However, ABMSU’s petition claims that invoking the February 4 order, the Assam Government has launched a sweeping campaign of informal deportations across border districts like Dhubri, South Salmara, and Goalpara, even in cases where individuals have not been declared foreigners by any tribunal, have not undergone nationality verification, or have not been informed of their right to appeal.
The plea raises alarm over credible media reports, documenting cases of individuals like Kahirul Islam, a retired schoolteacher allegedly “pushed back” into Bangladesh. Other cases include Abu Bakkar Siddik and Akbar Ali, whose families fear they were deported without any judicial process or prior notice.
Highlighting a recent constitutional ruling, the petition refers to the Supreme Court’s judgment regarding Section 6A of the Citizenship Act, 1955, where a 4:1 majority upheld the validity of Section 6A and underscored the principle that “no person, whether declared foreigner or suspected to be one, can be deported unless and until such person has had the opportunity to exhaust the remedies available under law".
The Court also stressed the importance of avoiding statelessness, stating that in doubtful cases, the presumption must favor the individual in accordance with Article 21.
The petition claims that the current deportations ignore these constitutional safeguards and that affected individuals are being detained and deported without MEA verification, tribunal orders, or even communication of their legal rights.
The petitioner seeks the following reliefs from the Supreme Court: A declaration that any deportation without due process, judicial declaration, nationality verification by MEA, and exhaustion of remedies is unconstitutional.
A stay on all deportation proceedings against individuals not explicitly listed in Annexure-II of the State's affidavit dated February 3, 2025.
Directions to the Union and State Governments to submit the complete records of such deportation actions before the Court.
Oversight and remedial intervention through the National Human Rights Commission (NHRC) and Legal Services Authorities to ensure protection of the fundamental rights of affected individuals.
The Supreme Court is yet to take a call on the listing of the matter...////...