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"You have refused to start deportation saying their addresses are not known. Why should it be our concern? You deport to their foreign country. Are you waiting for some muhurat (auspicious time)?" the bench asked.
The top court expressed surprise at Assam government's explanation that it was not sending nationality verification forms to the Ministry of External Affairs as detainees' addresses in the foreign country were unknown.
"Once you declare a person foreigner, then you have to take the next logical step. You cannot detain them till eternity. Article 21 of the Constitution is there. There are many foreigner detention centres in Assam. How many have you deported?" the bench questioned the Assam government counsel.
The top court directed the Assam government to initiate the deportation process of 63 declared foreign nationals, whose nationality was known, and file a status report in two weeks.
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"We direct the state to file a proper affidavit reporting compliance with this order. If the state government finds that nationality verification forms have been sent two months back, the state will immediately issue a reminder to Ministry of External Affairs. As soon as such reminder is received by the ministry, effective action shall be taken by the Ministry on the basis of nationality status verification," it said.
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The bench grilled Assam Chief Secretary Dr Ravi Kota, who was directed to appear through video-conferencing, for the delay in deporting detainees to their respective countries.
"Even without address, you can deport them. You can't continue to detain them indefinitely," the bench told the chief secretary.
The Assam government counsel expressed helplessness in deporting the foreigners without addresses.
"You deport them to the capital city of the country. Suppose the person is from Pakistan, you know the capital city of Pakistan? How can you keep them detained here saying their foreign address is not known? You would never know the address," the bench responded.
The state exchequer is spending on the persons detained for so many years and it was surprising that this does not bother the government, it added.
Senior advocate Colin Gonsalves, appearing for the petitioner, submitted Bangladesh had refused to accept the detainees as its citizens.
"My information is that, 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. Bangladesh says they won't accept anyone who lived in India for many years," he informed the bench.
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Claiming the detainees were Rohingyas, Gonsalves said the Centre and the state must disclose the truth to the court.
Solicitor general Tushar Mehta expressed apology for the lacunaes in the affidavit filed by Assam government and assured he would speak to the highest executive and furnish all details in court.
"Let me sit with Ministry of External Affairs. It is not a state subject. It is a central subject which is diplomatically dealt with the Centre. I will speak with the official concerned," said Mehta.
The top court directed the Centre to also give details of those were deported till now and further apprise how it proposed to deal with detainees whose nationality was unknown.
The matter would be heard on February 25.
Calling it a "defective" affidavit, the top court on January 22 slammed the Assam government for not giving in its reply reasons for detaining 270 foreigners at the Matia transit camp.
The top court directed Assam State Legal Services Authority to conduct surprise visits at the Matia transit camp for foreigners to check the facility's hygiene and food quality.
The bench was hearing a plea concerning the deportation of persons declared foreigners and facilities at the detention centres in Assam.
While hearing the matter on May 16 last year, the apex court observed that the Centre must take immediate steps for deporting 17 foreigners at the detention centre in Matia. It said priority should be given to deport those who spent more than two years in the detention centre.
The plea also sought a direction to the Assam government not to detain any person declared a foreigner by the tribunal until it could show proof of a possible deportation in near future.
