New Delhi: The Supreme Court of India today declined to entertain a petition challenging the Assam government’s controversial ‘push-back’ policy aimed at curbing infiltration from Bangladesh. The apex court advised the petitioner, the All BTC Minority Students Union, to approach the Guwahati High Court for redressal in the matter.
The petition alleges that the Assam government has launched an indiscriminate drive to detain and deport individuals suspected of being foreigners, often without Foreigners Tribunal declarations, nationality verification, or having exhausted legal remedies. Advocate Adeel Ahmed, representing the All-Assam BTC Muslim Students Union, stated that their PIL argued the Assam government had misinterpreted a Supreme Court order. According to Ahmed, the earlier SC order pertained to the deportation of identified Bangladeshis already in detention camps, whereas the current “push-back policy” involves randomly picking people for forced deportation to “no-man’s land.” The Supreme Court, in its observation today, suggested that since individual cases are involved, appropriate orders should be sought from the concerned High Court.
Assam Chief Minister Himanta Biswa Sarma, meanwhile, reiterated the state’s commitment to legal processes. “We respect legal processes. If someone is fighting to prove their nationality, we don’t interfere,” Sarma stated. He clarified that declared foreigners are expected to exit Assam if no legal appeal is filed against tribunal decisions. “Our procedure is very simple, that if you are declared a foreign national, you have not preferred appeal against the order of the tribunal, then you are bound to be pushed back,” he added.
The Assam government is intensifying efforts to identify illegal immigrants, with Chief Minister Sarma confirming ongoing coordination with both the Government of India and Bangladesh for the deportation of confirmed foreign nationals. This initiative is a crucial component of the state’s strategy to manage illegal immigration. Sarma also highlighted the complex challenge of approximately 30,000 declared foreign nationals who have reportedly disappeared.
In February, the Supreme Court had directed the Assam government to deport 63 individuals identified as declared foreigners with confirmed Bangladeshi nationality, seeking a status report within two weeks. These directives underscore the intricate diplomatic engagements between India and Bangladesh in addressing illegal immigration and deportation. The Supreme Court has consistently held that no individual, whether declared or suspected a foreigner, can be deported without the opportunity to exhaust all legal remedies, including appeals or reviews, thereby safeguarding individual legal rights against executive suspicion or extrajudicial communication. Chief Minister Sarma has affirmed that Assam’s operations are strictly in accordance with Supreme Court directives, ensuring that the identification and deportation processes for declared foreigners adhere to the judicial framework and the rule of law.