New Delhi, June 2 The Supreme Court on Monday refused to entertain a plea filed by All B.T.C. Minority Students’ Union (ABMSU) raising concerns over Assam’s government's “indiscriminate” drive to detain and deport individuals suspected to be foreigners.
A Bench of Justices Sanjay Karol and Satish Chandra Sharma suggested that the petitioner organisation approach the Gauhati High Court for appropriate relief.
“Please go to the Gauhati High Court. We are dismissing this (petition),” the apex court said.
The writ petition filed by ABMSU, a social and students’ organisation working in Assam’s Bodoland, questioned the growing pattern of deportations conducted by the Assam Police and administrative machinery through informal “push back” mechanisms, without any judicial oversight or adherence to the safeguards envisaged by the Constitution or the top court.
“This policy of “push back”-- being executed in border districts like Dhubri, South Salmara, and Goalpara -- is not only legally indefensible, but also threatens to render stateless numerous Indian citizens, especially those from poor and marginalised communities who were either declared foreigners ex parte or have no access to legal aid to challenge their status,” said the petition filed through advocate Adeel Ahmed.
It added that such actions are directly contrary to the fundamental rights guaranteed under Articles 14, 21, and 22 of the Constitution, and violate binding judicial precedents laid down by the Supreme Court, including the judgment in “Re: Section 6A of the Citizenship Act 1955” case.
“Despite these safeguards, individuals are being detained and deported without communication of Foreigners Tribunal orders, without nationality verification by the Ministry of External Affairs, and in many cases, without even being informed of their right to seek review or appeal,” contended the petition.
It sought a declaration that deportation without due process, including judicial declaration, MEA verification, and exhaustion of remedies, is unconstitutional and sought remedial steps through the NHRC and legal services authorities to protect the rights of affected individuals.
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