Plea in Supreme Court challenges Assam's ‘push back' drive against alleged foreigners
NEW DELHI: A plea has been filed in the Supreme Court alleging that the Assam government has launched a "sweeping and indiscriminate drive" to detain and deport people suspected to be foreigners without proper verification of their nationality or exhausting legal remedies.
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Filed by the All BTC Minority Students Union through advocate Adeel Ahmed, the petition refers to a Supreme Court order dated February 4, which had directed the state to deport 63 declared foreign nationals whose nationalities were confirmed. The petition claims that the state has misinterpreted that directive and is now carrying out arbitrary detentions even in cases where individuals have not been declared foreigners by tribunals.
Citing news reports, including one about a retired school teacher allegedly "pushed back" into Bangladesh, the petition says such actions indicate a growing trend of informal deportations without judicial oversight. 'These push backs are reportedly being executed in border districts such as Dhubri, South Salmara, and Goalpara,' it states, warning that poor and marginalised Indian citizens may be wrongfully detained and deported.
The plea argues that this "push back" policy violates Articles 14 and 21 of the Constitution, equality before law and protection of life and personal liberty, by denying individuals due process, legal representation, and the right to appeal. It seeks a direction from the apex court to ensure that no person is deported without a formal declaration by a Foreigners Tribunal, verification by the ministry of external affairs, and access to legal remedies.
It also urges the Court to declare Assam's current deportation mechanism unconstitutional and in violation of previous judicial precedents.
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