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Can't detain foreigners for eternity: SC slams Assam

Hindustan Times Gurugram

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February 05, 2025

The Supreme Court on Tuesday directed the Union and Assam governments to expedite the deportation of 270 foreign nationals lodged in Assam's detention centres, asserting that holding them indefinitely was a "violation of all human rights".

- Utkarsh Anand

NEW DELHI:

Also turning its attention to the fate of foreign nationals whose nationalities remain unknown - called "Stateless" persons -- the court directed the Union government to submit an affidavit outlining how such cases would be handled, along with details of deportations carried out so far and the procedures followed in each instance.

"You can't have such persons detained till eternity. You have to take logical steps once they have been declared to be foreigners. It's a violation of all human rights and international obligations to keep them detained endlessly," said a bench of justices Abhay S Oka and Ujjal Bhuyan.

Hearing a batch of cases filed by individuals lodged in the detention centres in Assam, the bench set a two-week deadline for the Assam government to begin the deportation process, including sending reminders to the Centre in cases where deportation proposals were submitted.

The bench came down heavily on the Assam government for "misleading" the court and failing to provide complete information regarding the status of these foreign nationals.

"Your affidavit is still vague. Where is the compliance with the last order? If citizenship is determined, why can't you take steps immediately? Why can't you start the process of deportation the moment citizenship is determined?" asked the bench, warning the state against "hiding facts" from the court.

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