SC Questions Assam on Delay in Deporting Declared Foreigners

Explore the Supreme Court's concerns over Assam's delay in deporting declared foreigners, legal challenges, government response, and its implications on immigration policies.

Context: While hearing a petition on illegal immigrants, SC has questioned Assam on indefinite detention of declared foreigners instead of deporting them.

Directives issued by Supreme Court

The Supreme Court emphasized that once a person is declared a foreigner, they must be deported immediately and cannot be detained indefinitely.
It cited Article 21 of the Constitution (Right to Life and Liberty), reinforcing that indefinite detention is unconstitutional.
The Union Government has been directed to provide:
- Total number of declared foreigners in Assam.
- Details of how many have been deported so far.
- The procedure is being followed for individuals whose nationality is unknown.

About Foreigners Tribunals (FTs)

Established by the Foreigners (Tribunals) Order of 1964 under Section 3 of the Foreigners’ Act of 1946.
Purpose: To enable local authorities to refer suspected foreigners to tribunals.
Exclusivity to Assam: Currently, FTs operate only in Assam, while other states handle illegal immigrant cases under the Foreigners Act.
Composition: Each FT is led by a member from the judiciary, advocacy, or civil service with judicial experience.
Case Disposal: FTs must conclude cases within 60 days. Failure to prove citizenship can result in detention and eventual deportation.