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SC orders Assam to deport 63 foreign detainees; key court directives

The Supreme Court on Tuesday directed the Assam government to deport 63 declared foreigners within two weeks, criticizing the state’s failure to act and for keeping them in detention indefinitely. A bench of Justices Abhay S Oka and Ujjal Bhuyan rejected Assam’s argument that deportation was impossible due to the detainees’ undisclosed foreign addresses, stating that their citizenship status was known and that deportation should proceed regardless of address verification. The court questioned why Assam was delaying the process and emphasized that indefinite detention was not acceptable.

The court also expressed dissatisfaction with Assam’s affidavit, calling it vague and inadequate. It instructed the state to immediately initiate deportation proceedings and submit a detailed affidavit within two weeks outlining the steps taken for nationality verification. Solicitor General Tushar Mehta acknowledged possible lapses and assured the court that he would consult the Ministry of External Affairs on the matter, as deportation falls under the Centre’s jurisdiction. Justice Oka also noted that prolonged detention was financially burdensome for the state exchequer.

Additionally, the court directed the Union government to provide details within a month on deportations completed so far and clarify measures for handling stateless individuals. It ordered Assam to improve conditions in detention centres and form a committee to inspect facilities every fortnight. The case, which concerns detained foreigners and the release of those held for over two years, is scheduled for further hearing on February 25.

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