Assam govt has proposed release of detained foreigners after five years with a bond and biometric. This was today stated through an affidavit by Assam Chief Secretary Alok Kumar in the Harsh Mander Versus UNION OF INDIA on unlawful detention of foreigners.
The Supreme Court on Thursday voiced unhappiness over the Assam government for filing an affidavit saying declared foreigners who have been in detention centers for more than five years can be released subject to fulfilling certain conditions. SC livid over contents of affidavit filed by Assam Chief Secretary says –
“This man doesn’t know what he is doing. He is signing on dotted lines. Mr. Chief Sec, you are in serious trouble. We are going to issue a notice to you for making slanderous statements against the Law.”
Chief Justice Ranjan Gogoi said “How do you expect SC to be a party to an order allowing those who have no right to remain in India to be allowed to do so on…Your Govt. has not succeeded in following Constitution & you expect SC to be a party to it. You are asking the SC to be a party to an illegal order. We will order departmental proceedings against you right now. You can no right to continue in office.”
Today- Affidavit has been filed by the state of Assam. Mr. Mehta the SG appearing for the state of Assam reads the Measures to be taken by the state government for the release of foreigners in detention centers who are detained for a long time.
“The foreigners who have completed five years in detention centers may be released subject to furnishing security of Rs. 5 lakh, verifying his address, biometric of his eyes etc”, said Affidavit CJI questions the Chief Secretary of the state of Assam -“You are asking the supreme court to be a part of an illegal order where a foreigner who has no right to stay in the country will remain and sign a bond and so on.”
Chief Justice questions the Chief Secretary that “don’t you agree there has been failure on the part of your government.” He further says that these persons who are to be sent back to their countries are staying here illegally and have their names enrolled in the voter’s list. SG Tushar Mehta insists on giving an explanation to which the CJI says no Mr. Mehta the Chief Secretary shall answer, not you.
“The stand of the government of India and the state of Assam should be that the foreigners detenues should be deported as soon as possible. However, we do not see that stand, Mr. Chief Secretary”, said the bench. The Amicus Mr Gaurav Banerjee says that we need the assistance of the country where they are to be deported and moreover the detenues also have to cooperate.
When did the government of India assisted by the state of Assam had a meeting with the country of origin of these detenues questions the CJI to the Chief Secretary The Amicus submits the minutes of the meeting held on 25th March. CJI questions Mr Mehta ‘you are representing the state of Assam do you think that he is capable of holding this position.’ The Chief Secretary of Assam apolgises before the bench and ensures the bench that he will come up with better measures. Mr Prashant Bhushan appearing for the Petitioner says that he requires time to file his reply to the affidavit. Matter adjourned.