“Waiting for some muhurat?”: Supreme Court Slams Assam Government for Delay in Deporting Declared Foreigners

The Supreme Court on Tuesday pulled up the Assam Government for failing to deport 63 people who had been declared foreigners during the National Register of Citizens (NRC) update process. The bench, consisting of Justice Abhay S Oka and Justice Ujjal Bhuyan, criticised the state for its inaction, questioning whether it was waiting for an "auspicious time" to carry out the deportations.

The court's remarks came as it was informed that these individuals had been detained in various centres across Assam but had not been deported. The state argued that it was unable to determine the addresses of the foreigners in their home countries. However, the bench was not persuaded by this argument.

Justice Oka sharply criticised the state for "suppressing facts," suggesting that it was avoiding its responsibility. Solicitor General Tushar Mehta responded by stating that he had spoken with the highest authorities in the executive and apologized for the "some lacunae" in the process. In response, Justice Oka warned that a perjury notice could be issued, emphasizing the need for the Assam Government to be transparent. He said, “You are supposed to come clean,” and added, “Why have you not given the dates on which verification took place? The affidavit is defective.”

Justice Bhuyan also weighed in, highlighting that once a person is declared a foreigner, the government must take immediate action. “Once you declare a person as a foreigner, you must take the next logical step. You can't detain them forever,” he remarked, referencing Article 21 of the Constitution. “There are many foreigner detention centres in Assam. How many have you deported?” he asked.

Justice Oka further rejected the state's claim that the addresses of the foreigners were unknown. “You deport them to the capital city of the country. Suppose the person is from Pakistan, you know the capital city of Pakistan? How can you keep them detained here saying their foreign address is not known?” he said.

The bench emphasised that deportation should be carried out without delay, as the foreigners' citizenship status was already determined. "You know the status of their citizenship. Then how can you wait till their address is received? It is for the other country to decide where should they go," Justice Oka stated.

The court also questioned why Assam had not yet submitted a proposal to the Ministry of External Affairs to seek assistance in deporting the individuals. It made clear that the deportation process should not be delayed any longer.​