Supreme Court Criticizes Assam Government Over Failure to Deport Declared Foreigners

 New Delhi: The Supreme Court has strongly rebuked the Assam government for failing to deport individuals who have been officially declared as foreigners. The court questioned whether the state was waiting for an “auspicious time” to take action, highlighting the continued detention of 63 such individuals in various detention centers.

A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan pressed the Assam government to proceed with the deportations in tandem with the ongoing National Register of Citizens (NRC) update in the state. Expressing dissatisfaction, Justice Oka accused the Assam administration of “suppressing facts”, prompting Solicitor General of India Tushar Mehta to intervene. Mehta stated that he had consulted the “highest authority” and apologized for “certain lapses” in the process.

Justice Oka warned the state’s counsel of possible perjury proceedings, stating, “We will issue a perjury notice to you. You are supposed to come clean.” The state’s representative, however, denied any intention to withhold information. Rejecting this assertion, Justice Oka responded, “Of course, there is. Why have you not provided the dates on which verification took place? The affidavit is defective.”

Justice Bhuyan further questioned the Assam government’s handling of the issue, stating, “Once you declare a person as a foreigner, you must take the next logical step. You cannot detain them indefinitely. Article 21 exists.” He also inquired about the total number of deportations carried out so far, given the presence of multiple foreigner detention centers across the state.

The sharp criticism from the Supreme Court underscores growing concerns over the Assam government’s handling of foreigners’ detention and deportation, raising serious legal and human rights questions regarding indefinite detention.