Indian Supreme Court asks Delhi to talk to Dhaka on foreigners’ issue

The Supreme Court of India has asked the BJP-led NDA government to “streamline the procedure of deportation” of illegal migrants from Bangladesh by initiating discussions with Dhaka.

The apex court has also asked the government to apprise it of the outcome of the discussions within March.

“While taking note of the existing mechanism and procedure for deportation, keeping in view the requirements of international protocol, we direct the Union of India to enter into necessary discussions with the Government of Bangladesh to streamline the procedure of deportation,” Justice Ranjan Gogoi and Justice RF Nariman said in a 70-page ruling on Wednesday.

The Supreme Court was hearing a petition on the updating of National Registrar of Citizen (NRC).

The updating process evoked sharp reactions in India’s north-eastern state of Assam.

The court gave the government 11 months to update the NRC.

The court gave the directive after hearing a writ petition filled by the Assam Sanmilita Mahasangha, Assam Public Works and the All Assam Ahom Association.

The organisations have been demanding that people who had migrated from Bangladesh on or after March 25, 1971 should be detected and deported as illegal foreigners.

Scrutinising the affidavits filled by the Central government and the Assam government, the court said that the vigil along the riverine boundary needed to be effectively maintained by continuous patrolling.

“Such part of the international border which has been perceived to be inhospitable on account of the difficult terrain should be patrolled and monitored,” the court in its order said.

Regarding Foreigners Tribunal, the apex court asked the Guwahati High Court to expedite selection of the chairperson and members of the Foreigners Tribunals, if required in phases, depending on the availability of officers opting to serve in the Tribunals.

“Within 60 days of the selection being finalised by the Gauhati High Court, the State of Assam will ensure that the concerned Foreigners Tribunal become operational.

“The Chief Justice of the Gauhati High Court is requested to monitor the functioning of the Tribunals by constituting a Special Bench which will sit at least once every month to oversee the functioning of the Tribunals,” the court order said.

Foreigners Tribunals were set up in Assam to detect and deport illegal foreigners staying in the state.

The Centre in an affidavit said that there are 36 Foreigners Tribunals functioning in the state. Sixty-four additional tribunals have also been sanctioned in 2013.

“What is interesting to know is that whereas almost 1,50,000 persons were deported between 1961 and 1965 under The Immigrants (Expulsion of Assam) Act, 1950, the number of deportations from 1985 till date is stated to be a mere 2,000 odd.

“Even these deportees are mostly, if not all, “push backs” which results in the same deportees coming back post deportation from a border which is completely porous,” the court pointed out.