SC Refuses To Entertain Plea Against Assam’s Indiscriminate Deportations

The Supreme Court on Monday refused to entertain a plea filed by way of All B.T.C. Minority Students’ Union (ABMSU) elevating issues over Assam’s govt’s “indiscriminate” pressure to detain and deport people suspected to be foreigners.  

A Bench of Justices Sanjay Karol and Satish Chandra Sharma advised that the petitioner organisation method the Gauhati High Court for suitable aid.

“Please go to the Gauhati High Court. We are dismissing this (petition),” the apex court docket stated.

The writ petition filed by way of ABMSU, a social and scholars’ organisation operating in Assam’s Bodoland, puzzled the rising trend of deportations performed by way of the Assam Police and administrative equipment via casual “push back” mechanisms, with none judicial oversight or adherence to the safeguards envisaged by way of the Constitution or the highest court docket.

“This policy of “push back”– being achieved in border districts like Dhubri, South Salmara, and Goalpara — is not just legally indefensible, but in addition threatens to render stateless a large number of Indian voters, particularly the ones from deficient and marginalised communities who had been both declared foreigners ex parte or don’t have any get admission to to criminal help to problem their standing,” stated the petition filed via suggest Adeel Ahmed.

It added that such movements are immediately opposite to the basic rights assured beneath Articles 14, 21, and 22 of the Constitution, and violate binding judicial precedents laid down by way of the Supreme Court, together with 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 with out due procedure, together with judicial declaration, MEA verification, and exhaustion of therapies, is unconstitutional and sought remedial steps during the NHRC and criminal services and products government to give protection to the rights of affected people.