New Delhi: The Supreme Court on Monday declined to entertain a plea from the All B.T.C. Minority Students’ Union (ABMSU), which raised concerns over the Assam government’s alleged “indiscriminate” detention and deportation of individuals suspected to be foreigners.
A bench comprising Justices Sanjay Karol and Satish Chandra Sharma advised the petitioner to seek relief from the Gauhati High Court.
“Please go to the Gauhati High Court. We are dismissing this (petition),” the apex court stated.
The writ petition, filed by ABMSU—an organisation advocating for social and student rights in Assam’s Bodoland—challenged the Assam Police and administrative authorities' growing use of informal “push back” mechanisms. It argued that these deportations were carried out without judicial oversight, disregarding constitutional safeguards and the directives of the Supreme Court.
The petition, filed by advocate Adeel Ahmed, challenged the Assam government's "push back" policy, which is being implemented in border districts like Dhubri, South Salmara, and Goalpara. It argued that the practice is legally indefensible and risks rendering numerous Indian citizens stateless, particularly those from poor and marginalised communities who were declared foreigners ex parte or lack access to legal aid to contest their status.
The plea further contended that such actions violate fundamental rights guaranteed under Articles 14, 21, and 22 of the Constitution, as well as binding Supreme Court precedents, including the ruling in the “Re: Section 6A of the Citizenship Act 1955” case.
It expressed concern over individuals being detained and deported without receiving Foreigners Tribunal orders, without nationality verification by the Ministry of External Affairs, and, in many instances, without being informed of their right to review or appeal.
The petition sought a declaration that deportation without due process—including judicial oversight, MEA verification, and the exhaustion of legal remedies—is unconstitutional. It also urged intervention from the National Human Rights Commission (NHRC) and legal services authorities to safeguard the rights of affected individuals.
(inputs from IANS)