1950 Expulsion Act back in force as Assam pushes back 330 illegal immigrants

Guwahati, June 9: In a renewed crackdown on illegal infiltration, the state government has pushed back 330 individuals identified as illegal immigrants, Chief Minister Himanta Biswa Sarma informed the Assembly on Monday.

The pushback, carried out under the provisions of the Immigrants Expulsion from Assam Act, 1950, is part of the state’s reinvigorated approach following a key Supreme Court verdict on Section 6A of the Citizenship Act in 2024.

Responding to a Special Mention by Leader of Opposition Debabrata Saikia in the Assembly, Chief Minister Himanta Biswa Sarma said the Supreme Court’s 2024 verdict, which upheld 1971 as the cut-off for citizenship in Assam, has empowered the state to take direct action without involving the Foreigners Tribunal.

“The apex court said that the 1950 Expulsion Act remains valid and operative. In its verdict, the court has clearly stated that the District Commissioner can now evict anyone suspected to be a foreigner,” Sarma told the House, adding that this marks a significant shift in the legal and administrative handling of illegal immigration in the state.

In response to Saikia’s question on whether any of those pushed back had returned, Sarma asserted that none of the 330 individuals have come back. “Yes, a few were pushed back despite having pending High Court cases. But through formal and informal diplomatic channels, we have brought them back in compliance with the Supreme Court's directives,” he said.

The Chief Minister also addressed queries on the delay in issuing NRC rejection slips. He attributed the delay to a Supreme Court order post-2019, which mandated securing the NRC data before proceeding ahead.

Sarma said a central agency is currently securing the data through an Information Security Management System (ISMS), and the process is expected to be completed in 8 to 12 months.

“Once done, the government will be in a position to issue the NRC rejection or acceptance slips,” he added.

However, the Chief Minister expressed concerns over the final NRC list, pointing to instances of fraudulent registrations and name duplications.

“We don’t consider the current NRC to be final. We’ve requested the Centre and the Supreme Court to allow a sample re-verification—20% in border districts and 10% in others. If no anomalies are found, we will proceed with the list. Only then will people have faith in it,” Sarma said.

He added that this doubt is shared even by the All Assam Students' Union (AASU), which has demanded a reworked NRC.

Citing the Supreme Court’s ruling in the Rafikul Haque vs Union of India case, Sarma said that NRC inclusion does not offer legal protection if someone is declared a foreigner by the Foreigners Tribunal.

“The SC has clearly stated that inclusion in NRC has no bearing on the Tribunal's verdict. So, we will continue the detection process even if the person is listed in the NRC,” he said.

Reiterating his government’s intent, the Chief Minister said, “Under the Illegal Expulsion Act, if a Deputy Commissioner believes someone to be a foreigner, they can be pushed back without approaching the Tribunal.”