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Supreme Court Slams Assam, Centre Over Indefinite Detention of Foreigners

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Tuesday, February 04, 2025
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Supreme Court Slams Assam, Centre Over Indefinite Detention of Foreigners

Supreme Court Criticizes Assam, Centre Over Indefinite Detention of Foreigners, Orders Deportation in Two Weeks

Supreme Court Slams Assam, Centre Over Indefinite Detention of Foreigners


New Delhi, February 6: The Supreme Court of India has strongly criticized the Assam government and the Centre for their failure to deport individuals declared as "foreigners," keeping them in detention centers for an indefinite period. The court described such prolonged confinement as a violation of basic human rights and directed the immediate deportation of 63 detainees within two weeks.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan questioned Assam’s inaction and sarcastically asked whether the state was "waiting for a muhurat (auspicious time)" to act. The court rejected the Assam government’s argument that deportation was not possible due to the detainees' unknown addresses in their home countries.

"Even without an address, you can deport them. It is for the other country to decide where they should go," the bench stated. Justice Oka further remarked, "If the person is from Pakistan, you know the capital city. How can you keep them detained here?" The court directed Assam to proceed with deportations without using the lack of foreign addresses as an excuse.

Centre Asked to Provide Data on Deportations

The Supreme Court also instructed the Centre to submit a report detailing the number of foreign nationals deported so far and those still languishing in detention centers. Additionally, the Assam government has been ordered to ensure adequate facilities for detainees and set up a monitoring committee to inspect the detention centers every 15 days.

Background of the Case

The court’s latest intervention follows a previous directive issued on December 9, 2024, when it asked Assam to explain why 270 foreign nationals were still confined at the Matia transit camp. On January 22, 2025, the court found Assam’s response "defective" and "grossly inadequate," further intensifying scrutiny on the state’s handling of the issue.

Concerns Over Human Rights Violations

Human rights organizations have long raised concerns over the poor living conditions in Assam’s detention centers. A 2024 report highlighted overcrowding, lack of proper healthcare, and inadequate sanitation facilities at the Matia detention center. The Supreme Court, in an earlier hearing, had instructed the Assam State Legal Services Authority to conduct surprise inspections to monitor living conditions.

Upcoming Hearing on February 25

The Supreme Court has scheduled the next hearing for February 25, where it will assess the progress made in implementing its orders. If Assam fails to comply, the court may take further action against the state government.

This ruling is expected to have significant implications for India’s handling of undocumented foreign nationals, particularly in Assam, which has witnessed several deportation-related controversies in recent years.