How will you trace the \'undeclared foreigners\' in Assam? SC asks Assam govt

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How will you trace the 'undeclared foreigners' in Assam? SC asks Assam govt

A view of the Supreme Court of India, in New Delhi.   | Photo Credit: Shanker Chakravarty

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The court drew a personal undertaking from Solicitor General Tushar Mehta that the Assam Chief Secretary would be present in court on April 8

The Supreme Court on Monday questioned the Assam government's efforts to trace illegal immigrants who have already mixed with the local population in the State.

“Those migrants who have not been deported and not in the detention centres. Where are they? How will you track them? What have you done in the past five years?” Chief Justice Gogoi asked Solicitor General Tushar Mehta, representing Assam.

Mr. Mehta said 70,000 people have been tracked and declared foreigners. Special teams were formed.

“What is the number of undeclared foreigners? What percentage of illegal migrants have you proceeded against? What are you doing to improve the conditions of those detained in the detention centres? How long will they remain?” Chief Justice received Mr. Mehta's submissions with a barrage of questions.

The court lashed out at the Assam government for not ensuring its Chief Secretary's personal presence in the courtroom to answer the questions posed by the Bench.

“Where is the Chief Secretary?” the CJI asked Mr. Mehta, “he was here the last time. Who exempted him from personal appearance this time? Does he get to decide that he need not come?”

The Chief Justice said the “Government of Assam is playing around with the court.”

“Your affidavits are an exercise in futility,” CJI remarked.

“We are doing our best,” Mr. Mehta responded.

“If this is your best, then you permit us to pass our orders in full exercise of our constitutional powers,” Chief Justice Gogoi retorted.

Finally, the court drew a personal undertaking from Mr. Mehta that the Assam Chief Secretary would be present in court on April 8, the next date of hearing, and would only return to Assam after getting permission from the court.

The hearing saw the Supreme Court slam the Assam government's policy of years of "pushing back" illegal foreigners to Bangladesh without even bothering to enquire about their country of origin.

Mr. Mehta said the “push-back” policy was dropped in 2013 and nowadays diplomatic channels are employed to determine the nationality of an illegal foreigner and to deport the person.

“You have been pushing them back without knowing their country of origin... Now, suddenly you have grown wise and are resorting to diplomatic channels,” the CJI reacted.

In the previous hearing, the court had blamed the Assam government for being lax about tackling the inflow of illegal foreigners into the northeastern State and their deportation.

“It has become a joke. You have not done anything,” Chief Justice Gogoi had addressed the Assam government.

At that point, on March 13, the court had pointed out that the State's foreigners tribunals had identified over 58,000 illegal immigrants and the detention centres housed 900 such persons.

The court is hearing a petition filed by activist Harsh Mander about the dismal living conditions within the four walls of the detention centres in the State. The court noticed that many detainees continue to be lodged inside these centres even after the expiry of their term of imprisonment for illegally entering the country.

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