SC slams Assam government over defective affidavit for detaining 270 foreign nationals

Guwahati, Jan 23: The Supreme Court on Wednesday criticised the Assam government for submitting a "defective" affidavit regarding the detention of 270 foreign nationals at the Matia transit camp.

The court expressed displeasure at the state's failure to provide justifications for the detentions and the lack of progress in deporting the individuals.

A bench of Justices Abhay S Oka and Nongmeikapam Kotiswar Singh reprimanded the Assam government for not adhering to the court's earlier directive to provide reasons for detaining the foreign nationals.

The court also highlighted the absence of details on steps taken for their deportation. The bench called the affidavit a "gross violation" of its orders and directed the chief secretary of Assam to appear through video-conferencing at the next hearing.

The court had initially granted six weeks for the state to submit the affidavit after a hearing on December 9, but it found the reply to be inadequate. The counsel representing the Assam government defended the detentions, stating that individuals were only detained after being declared foreigners by the Foreigners Tribunals.

The government also explained the deportation mechanism for illegal migrants. However, the court questioned why the deportation process had not yet been initiated.

Further, the court expressed discontent when the Assam government’s counsel argued that the affidavit should remain sealed due to confidentiality concerns. The bench criticised the state for wanting to withhold details, asking, "What is confidential in the affidavit?"

Additionally, the court had previously directed the Assam State Legal Services Authority to conduct surprise visits to the Matia transit camp to assess the hygiene and food quality conditions there.

The bench’s comments came during a hearing focused on the deportation of individuals declared as foreigners and the conditions at Assam's detention centers.