SC slams Assam govt for delayed deportation of foreign detainees
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The entrance to the Matia camp in Goalpara, Assam.
The Supreme Court on Wednesday criticized the Assam government for its failure to provide a valid explanation as to why foreign nationals were being held in detention centres instead of being deported. The court was hearing a petition regarding the deportation of 270 foreign nationals detained in the Matia transit camp in Assam’s Goalpara district.
A bench consisting of Justices Abhay S. Oka and N. Kotiswar Singh pointed out that the state government had been given six weeks, starting December 9, to submit an affidavit, explaining the reasons for detaining the foreign nationals and outlining the steps taken for their deportation. However, the affidavit filed by the Assam government was deemed defective by the court. "The affidavit does not justify the detention nor does it mention any steps taken for deportation," the bench said, calling it a “gross violation of the court’s orders.”
The court reminded that the fundamental right to life applies not just to citizens but to all individuals, including foreigners. It emphasized the need for immediate action to deport the 270 individuals to their respective countries. The bench also ordered the Assam Chief Secretary to appear virtually at the next hearing with an explanation.
During the hearing, the state government’s counsel argued that the detainees had been held only after being declared foreigners by the respective tribunals. However, the bench questioned why the deportation process had not yet begun, despite the ongoing detentions. The counsel also sought to keep the affidavit confidential, claiming it contained sensitive information, including the detainees’ addresses. The bench disagreed with the claim, stating, “We prima facie disagree with the counsel that there is anything confidential about the contents.”
The Matia transit camp, which became operational in January 2023, is the largest detention centre in India. As of September 18, the facility held 274 detainees, including 102 Rohingya and 32 Chin refugees from Myanmar who had fled persecution. These detainees, including women and children, launched a hunger strike on September 9, demanding relocation to a UNHCR camp and resettlement in a third country.
In earlier hearings, the court had criticized the poor conditions at the Matia camp and ordered the state government to improve facilities. Additionally, the Assam Legal Services Authority was directed to conduct surprise inspections to check on the living conditions of the detainees. On November 4, the court had called the living conditions "far from satisfactory" and urged the government to improve them within a month.
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The court also reiterated its previous order from September 10, directing the Assam government to submit a clear plan for the deportation of the foreigners, particularly the Rohingya and Chin refugees, many of whom possess cards issued by the United Nations High Commissioner for Refugees (UNHCR).