Deport Foreigners, Do Not Detain Them for Eternity: Supreme Court
- February 5, 2025
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Deport Foreigners, Do Not Detain Them for Eternity: Supreme Court
Sub: Polity
Sec: Constitution
Context: The Supreme Court on Tuesday (February 4, 2025) pulled up the Assam government for detaining indefinitely people declared as foreigners in detention camps.
Issue of Nationality Verification
- The State’s affidavit stated that nationality verification forms were not sent to the Ministry of External Affairs as the addresses of detainees in their native country were not known.
Role of the Centre and Court’s Directives
- The Court ordered the Centre to inform in what manner the cases of persons whose nationality is not known were being dealt with.
- The Union government was directed to place on record the details of declared foreigners and the number of persons who had so far been deported.
- The Court directed the State to file a proper affidavit reporting compliance.
Challenges in Deportation Process
- Attempts are being made to figure out if Bangladesh will take these people out. Bangladesh is refusing.
- India says they are not Indians. Bangladesh says they are not Bangladeshis. They have become stateless. They are in detention for over 10 years.
Monitoring of Detention Facilities
- The Court directed the Assam State Legal Services Authority to conduct surprise visits at the Matia transit camp for foreigners.
- The purpose of these visits is to check the facility’s hygiene and food quality.
- Article 21 of the Indian Constitution grants the right to life and personal liberty to all people, including foreigners.
About Foreigners Tribunals (FTs)
- Foreigners Tribunals (FTs) are quasi-judicial bodies established under the Foreigners (Tribunals) Order, 1964, under Section 3 of the Foreigners Act, 1946.
- They allow local authorities to refer individuals suspected of being foreigners for determination of their citizenship status.
Foreigners (Tribunals) Order (Amendment 2019):
- Specifies the procedure for handling appeals against the National Register of Citizens (NRC) decisions.
- Empowers district magistrates across India to set up tribunals.
- While applicable nationwide, FTs currently function only in Assam.
Composition:
- Each FT is headed by a member who is a judge, advocate, or civil servant with judicial experience.
- Judges/Advocates are appointed as per government guidelines under the Foreigners Tribunal Act, 1941, and Foreigners Tribunal Order, 1964.
Functions & Powers:
- FTs have powers of a civil court, including summoning individuals and examining documents.
- Notices must be served within 10 days of receiving a reference.
- Cases must be disposed of within 60 days.
- As per Section 9 of the Foreigners Act, 1946, the burden of proof lies on the individual to prove their Indian citizenship.
- If unable to provide proof, individuals may be sent to a detention centre (transit camp) for deportation.
Appeal Process:
- Review application can be filed within 30 days of the FT’s order.
- Adverse decisions can be appealed in the High Court, followed by the Supreme Court if needed.