Issue of deportation of illegal immigrants receiving consideration at highest level, SC told

Solicitor General Tushar Mehta on Tuesday apprised the Supreme Court that the issue of deportation of illegal immigrants is receiving consideration at the highest executive level and a decision is likely to be taken soon. 

He made the intimation as he requested a bench of Justices Abhay S. Oka and Ujjal Bhuyan to defer the scheduled hearing on the prolonged detention of identified foreigners, saying that a decision on deporting persons declared foreigners in Assam is likely to be taken by March 21.

Acceding to the request, the apex court posted the matter for hearing on March 21.

In the earlier hearing held on February 4, the Justice Oka-led Bench pulled up the Assam government for keeping illegal immigrants in detention centres 'indefinitely' and not deporting them back for lack of their foreign addresses.

It had told the Assam Chief Secretary, who appeared virtually pursuant to its order, that once these illegal immigrants are held to be foreigners, they could not be detained indefinitely.

"Once they are held to be foreigners, they should be deported immediately. 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," the apex court had remarked.

Turning down the submission that deportation could not be effected without actual addresses of illegal immigrants, it had suggested that these foreigners should be deported to their capital city.

"Once you declare a person as a foreigner, then you have to take the next logical step," it said.

SG Mehta said that he has spoken to the highest executive authority of the Assam government and would file consolidated documents, after discussing the matter with the officials concerned.

The law officer had assured that he would also sit with Ministry of External Affairs officials and find a solution.

In its order, the Supreme Court had ordered the Assam government to commence the procedure for deportation, even if the addresses of those persons detained in detention centres in a foreign country are not available. It had further directed the state government to file a detailed affidavit regarding the nationality verification process within two weeks.

In a different matter, a Bench of Justices J.B. Pardiwala and R. Mahadevan had asked the government to explain "the idea" of keeping hundreds of illegal Bangladeshi immigrants in detention camps for an indefinite period of time after they have completed their term of sentence under the Foreigners Act, 1946.

It had also sought data about illegal immigrants, as to date, in various detention camps/correctional homes after being convicted and having undergone the entire sentence under the Foreigners Act.

"We would like to understand from the respondents (authorities) that once an illegal immigrant from Bangladesh has been convicted for the alleged offence, is it not established that he is not a citizen of India? What is the idea of keeping hundreds of such illegal immigrants in detention camps/correctional homes for an indefinite period of time?" the top court had asked.