"Go to Gauhati HC": SC Declines Plea Against Assam’s Deportation Drive

The Supreme Court on Monday declined to entertain a petition alleging that the Assam government had initiated a ‘push-back policy’ aimed at detaining and deporting individuals suspected of being foreigners—without proper nationality verification or the exhaustion of legal remedies.

A bench comprising Justices Sanjay Karol and Satish Chandra Sharma directed the petitioner to approach the Gauhati High Court instead.

"Why are you not going to the Gauhati High Court?" the bench asked senior advocate Sanjay Hegde, who was representing the petitioner, the All Bodoland Minority Students' Union (ABMSU).

In response, Hegde stated that the petition was based on a previous Supreme Court order. The bench reiterated its position: "Please go to the Gauhati High Court."

Subsequently, Hegde sought the court's permission to withdraw the plea, indicating the petitioner’s intention to pursue appropriate remedies before the High Court. The bench granted the request, and the petition was dismissed as withdrawn.

Filed through advocate Adeel Ahmed, the plea referred to the apex court’s 4 February order, in which it had directed the Assam government to initiate deportation proceedings within two weeks for 63 declared foreign nationals whose nationality was established.

“Pursuant to the said order (of February 4)... the state of Assam has reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners, even in the absence of foreigners tribunal declarations, nationality verification, or exhaustion of legal remedies,” the plea stated.

It further alleged: “These instances reflect a 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 of India or this court.”

The petition contended that the purported 'push-back' policy infringed upon fundamental rights under Articles 14 and 21 of the Constitution, as individuals were being deported without due process.

"The 'push back' policy, as implemented, violates Articles 14 and 21 of the Constitution by deporting individuals without due process, thereby denying them the opportunity to contest their deportation and infringing upon their right to life and personal liberty," the plea claimed.

The petition also raised concerns that such actions had led to instances where Indian citizens were allegedly wrongfully detained and faced the threat of removal to foreign territories without lawful justification.

The plea sought a direction from the Court ensuring that no individual would be deported under the 4 February order without a reasoned declaration from the Foreigners Tribunal, an opportunity for appeal or review, and nationality verification by the Ministry of External Affairs.

It also requested a judicial declaration that the "push back" policy being implemented in Assam was unconstitutional and contrary to established legal precedents.

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