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  3. SC Reprimands Assam Government for Delay in Deporting Foreigners from Detention Camps

SC Reprimands Assam Government for Delay in Deporting Foreigners from Detention Camps

Lexpedia · 13 February 2025 · 2 min read

SC Reprimands Assam Government for Delay in Deporting Foreigners from Detention Camps
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WHAT HAS HAPPENED?

The Supreme Court has issued a strong reprimand to the Assam government for its delay in deporting individuals who have been declared foreigners. The court, consisting of Justices AS Oka and Ujjal Bhuyan, questioned why the state was waiting for addresses to be received before initiating deportation processes, emphasizing that once an individual is deemed a foreigner, they should be deported immediately.

The case focused on 63 out of 270 inmates in the Matia "transit camp"—designated for the detention of illegal foreigners in Assam. The inmates include Rohingyas, Chin people, and other foreign nationals who have completed their sentences in prison but remain in the transit camp awaiting deportation. The court had granted the Assam government time to file an affidavit regarding the deportation process. However, the state government failed to take action on the 63 foreigners, citing the lack of confirmed addresses.

WHO IS AT THE CAMP?

The Matia transit camp holds two main categories of foreigners:

  1. 103 Rohingyas, 32 Chin people, and one individual from Senegal. These individuals were convicted for violating the Foreigners Act, the Citizenship Act, and the Passports Act. After serving their sentences, they were placed in the transit camp while awaiting deportation.
  2. 133 individuals who have been declared foreigners by Foreigners Tribunals in Assam, with 70 of them admitting to being Bangladeshi nationals and providing addresses in Bangladesh. The remaining 63 have not provided addresses.

WHAT ARE THE CHALLENGES WITH DEPORTATION?

The deportation process has been complicated by the lack of confirmed addresses. Assam authorities mentioned that deportation involves a diplomatic process, requiring coordination with the Ministry of External Affairs (MEA). The MEA must verify the nationality and address of the individuals by communicating with the embassies of the respective countries. However, the 63 individuals who haven’t shared an address have delayed this process.

Following the Supreme Court's reprimand, the Assam government plans to submit the list of individuals to the MEA this week, filling in "Bangladesh" as the address for the unaddressed individuals, even though their citizenship is unconfirmed.

CONCLUSION

The Supreme Court has ordered Assam to begin the deportation process immediately. The state is also instructed to file a detailed affidavit regarding the nationality verification process and actions taken within two weeks. Attorney General assured the court that he would consult with MEA officials to find a resolution, emphasizing that deportation is a central government issue.

Assam government Supreme CourtPassports ActForeigners ActCitizenship Act

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