‘Approach Gauhati HC’: SC rejects student body’s plea on Assam deportation drive
ABMSU challenged covert deportations in Assam, calling them unlawful and lacking court scrutiny
A file image of Supreme Court of India (Photo: IANS)
New Delhi, June 2: The Supreme Court, on Monday, refused to entertain a petition filed by the All B.T.C. Minority Students’ Union (ABMSU), which raised concerns over Assam government’s alleged indiscriminate detention and deportation of individuals suspected to be foreigners.
A bench of Justices Sanjay Karol and Satish Chandra Sharma advised the petitioner to approach the Gauhati High Court for appropriate relief. “Please go to the Gauhati High Court. We are dismissing this petition,” the court said.
The writ petition, filed by ABMSU — a student and social organisation from Assam’s Bodoland Territorial Region (BTR) — challenged the Assam Police’s alleged use of informal “push back” measures to deport people without judicial oversight or constitutional safeguards.
The petition stated that this policy, implemented in border districts like Dhubri, South Salmara, and Goalpara, is legally indefensible and risks rendering many Indian citizens stateless.
It especially affects poor and marginalised communities declared foreigners without access to legal aid.
It further argued that such actions violate fundamental rights under Articles 14, 21, and 22 of the Constitution, as well as Supreme Court rulings, including the “Re: Section 6A of the Citizenship Act 1955” judgment.
Despite these safeguards, individuals are being detained and deported without communication of Foreigners Tribunal orders, without nationality verification by the Ministry of External Affairs, and in many cases, without even being informed of their right to seek review or appeal,” contended the petition.
The petition sought a declaration that deportations without due process are unconstitutional, and urged intervention by the National Human Rights Commission and legal aid authorities to safeguard affected individuals.
--IANS