Supreme Court Orders Immediate Deportation of 63 Foreign Nationals, Citing Human Rights Violations
Supreme Court’s Ruling on Indefinite Detention of Foreign Nationals
NEW DELHI: In a landmark decision, the Supreme Court has ruled that keeping foreigners in detention centers indefinitely violates their human rights and fundamental rights as enshrined in the Indian Constitution. This ruling comes as the court directed the Assam government to take immediate steps to deport 63 individuals declared ‘foreigners’ by tribunals.
Immediate Action Required for Deportation
The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, criticized the state for its delay in deportation, noting that some individuals have been in detention for over a decade. The court rejected the state’s argument that the lack of foreign addresses was a valid reason for the delay, emphasizing that it is up to the respective countries to determine where these individuals should be sent.
Human Rights Violations Highlighted
The bench stated, “Lack of their foreign address cannot be a reason to delay the deportation. If you know that they are from a particular country, then it is for that country to decide where they should go.” The court pointed out that this situation constitutes a violation of their rights under Article 21 of the Constitution.
Government’s Response and Next Steps
During the hearing, Solicitor General Tushar Mehta assured the court that he would coordinate with the chief secretary and the Ministry of External Affairs to file a comprehensive affidavit. The court has granted four weeks for the Centre to provide detailed information regarding the number of deportations carried out and the processes involved.
Additionally, the court has sought clarification on how to address the situation of individuals whose nationalities remain unestablished but have been declared foreign nationals in India.
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