Deportation of Foreign Nationals: SC Sets March 21 Deadline for Centre’s Reply

The Supreme Court was informed on Tuesday that the issue of deporting individuals declared as foreigners in Assam is under review at the "highest executive level."

Solicitor General Tushar Mehta, appearing before a bench comprising Justices Abhay S Oka and Ujjal Bhuyan, stated that a decision on their deportation is expected by March 21, 2025. The Centre sought additional time, which the bench granted, scheduling the next hearing for March 21.

Earlier, on February 4, the apex court had strongly criticized the Assam government for indefinitely detaining 270 foreigners instead of deporting them, questioning if it was "waiting for some muhurat." The court also accused the state of withholding information and emphasized that once individuals are identified as foreigners, they must be deported without delay.

Expressing concern over Assam’s justification that nationality verification forms were not being sent to the Ministry of External Affairs due to a lack of detainees' foreign addresses, the court termed the explanation inadequate. On January 22, the Supreme Court also criticized the Assam government’s affidavit for failing to provide reasons for detaining 270 foreigners at the Matia transit camp.

In response, the court directed the Assam State Legal Services Authority to conduct surprise inspections of the Matia camp to assess hygiene conditions and food quality.

The bench is reviewing a plea regarding the deportation process and the living conditions in Assam’s detention centres. During an earlier hearing on May 16, 2024, the top court urged the Centre to take immediate steps to deport 17 foreigners at the Matia detention centre and prioritize the deportation of those who have been detained for over two years.