Shreya Gupta
The Supreme Court, on January 4, 2025, criticized the Assam Government for its delay in deporting individuals declared as foreigners in the case of Rajubala v. Union of India. A Bench comprising of Justices AS Oka and Ujjal Bhuyan questioned the State’s approach and emphasized that the individuals determined to be foreigners should be deported immediately. The Court firmly stated that detention cannot be indefinite and that deportation should not be contingent on the availability of a foreign address. The Bench further remarked that it is the responsibility of the other country to determine where these individuals should go, and Assam cannot justify continued detention due to a lack of address details.
During the hearing, the State’s counsel inquired about the destination for deportation in the absence of a specific address. In response, Justice Oka pointed out that deportation could proceed to the capital city of the concerned country. He illustrated this by questioning whether the authorities were unaware of the capital city of Pakistan, reinforcing the Court’s position that the lack of a precise foreign address should not obstruct the deportation process. The Bench also questioned the Assam Government about the verification process, particularly why the date of verification submission to the Ministry of External Affairs (MEA) had not been mentioned.
As the Assam Government sought additional time to file a proper affidavit, the Court expressed its displeasure and warned of issuing a perjury notice, stressing that a State government must maintain transparency. At this stage, Solicitor General (SG) Tushar Mehta intervened, assuring the Court that he had spoken to the highest executive authorities. While acknowledging some procedural shortcomings, he extended an apology on behalf of the administration. The Court further noted that the prolonged detention of these individuals was draining the state exchequer, a concern that appeared to be overlooked by the Government.
SG Mehta assured the Bench that he would coordinate with the Union Ministry of External Affairs to devise a solution, recognizing that the matter required diplomatic engagement at the central level. Following deliberations, the Court directed the Assam Government to commence the deportation process immediately, irrespective of the availability of foreign addresses. Additionally, the State was instructed to file a comprehensive affidavit detailing the nationality verification process, including specific dates of actions taken, within two weeks. The Central Government was granted one month to outline a clear strategy for handling stateless individuals.
Furthermore, the Supreme Court ordered the Assam Government to improve conditions within detention centers and form a dedicated committee to inspect these facilities every two weeks. The matter was scheduled for further hearing on February 25, with the Court expecting compliance from both the State and the Centre regarding their respective responsibilities.
Case Title: Rajubala v. Union of India
Case Number: Writ Petition (Criminal) No. 234/2020
Bench: Justices AS Oka and Ujjal Bhuyan