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'Cannot detain for eternity': SC directs Assam to deport foreigners 
The SC asked Assam to deport declared foreigners immediately

'Cannot detain for eternity': SC directs Assam to deport foreigners 

Feb 04, 2025
12:44 pm

What's the story

The Supreme Court on Tuesday slammed the Assam government for delaying the deportation of people declared as foreigners. The bench, which included Justices Abhay S Oka and Ujjal Bhuyan, questioned the state's procrastination, asking, "Are you waiting for some muhurat?" The court stressed that once a person is declared a foreigner, they should be deported immediately.

Deportation directive

Court dismisses Assam government's reasons for delay

The Assam government had earlier cited unknown addresses as a reason for the delay in deportation. Dismissing the excuse, Justice Oka instructed, "Even without an address, you can deport them. You can't continue to detain them indefinitely." "You know their citizenship status. Then how can you wait till their address is received? It is for the other country to decide where they should go."

Diplomatic assurance

Solicitor General assures court of diplomatic discussions

Solicitor General Tushar Mehta assured the court that discussions with the Ministry of External Affairs are underway to address diplomatic issues related to deportation. The SG stated that detention centres are not "jails" in the traditional sense, and that facilities are given in accordance with Supreme Court orders. A individual who has been detained for more than two years is eligible for bail if there are two Indian sureties, Mehta stated.

Detention centers

Next hearing on February 25

The court eventually directed the state of Assam to begin the deportation procedure immediately, even if such persons' foreign addresses were not known. It ordered the Assam government to begin deporting 63 people who are being held in detention centers within two weeks and to file a compliance document. The court also directed Assam to improve conditions in detention centres by appointing a commission to inspect facilities every two weeks. A further hearing has been set for February 25.