&w=3840&q=100)
SC rejects plea on deportation drive in Assam, asks petitioner to move HC
A bench of Justices Sanjay Karol and Satish Chandra Sharma told the petitioner to approach the Gauhati High Court in the matter
The Supreme Court on Monday refused to entertain a plea which alleged that the Assam government has reportedly launched a "sweeping" drive to detain and deport persons suspected to be foreigners without nationality verification or exhaustion of legal remedies.
A bench of Justices Sanjay Karol and Satish Chandra Sharma told the petitioner to approach the Gauhati High Court in the matter.
"Why are you not going to the Gauhati High Court?" the bench asked senior advocate Sanjay Hegde, who appeared for petitioner All BTC Minority Students Union.
Hegde said the plea was based on an order passed by the apex court earlier.
"Please go to the Gauhati High Court," the bench observed.
Hegde said the petitioner would withdraw the plea to take appropriate recourse before the high court.
The bench allowed him to withdraw the plea.
The plea, filed through advocate Adeel Ahmed, referred to a February 4 order of the top court which, while dealing with a separate petition, had directed Assam to initiate the process of deportation of 63 declared foreign nationals, whose nationality was known, within two weeks.
"Pursuant to the said order (of February 4)... the state of Assam has reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners, even in the absence of foreigners tribunal declarations, nationality verification, or exhaustion of legal remedies," the plea claimed.
It referred to news reports, including one about a retired school teacher who was allegedly "pushed back" into Bangladesh.
"These instances reflect a growing pattern of deportations conducted by the Assam Police and administrative machinery through informal 'push back' mechanisms, without any judicial oversight or adherence to the safeguards envisaged by the Constitution of India or this court," it claimed.
"The 'push back' policy, as implemented, violates Articles 14 and 21 of the Constitution by deporting individuals without due process, thereby denying them the opportunity to contest their deportation and infringing upon their right to life and personal liberty," the plea claimed.
It alleged that the indiscriminate application of deportation directives, coupled with absence of proper identification, verification and notice mechanisms, has resulted in a situation where Indian citizens were being wrongfully incarcerated and threatened with removal to foreign territories without lawful basis.
The plea sought a direction that no person shall be deported pursuant to the February 4 order without a prior reasoned declaration by the foreigners tribunal, without adequate opportunity of appeal or review and verification of nationality by the Ministry of External Affairs.
It also sought a declaration that the "push back" policy adopted by Assam was violative of Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution and contrary to binding judicial precedents.
(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Economic Times
17 minutes ago
- Economic Times
India refutes reports in Indonesia on loss of fighter jets during Operation Sindoor
India dismissed reports about a Defence Attache's presentation in Indonesia concerning fighter jets lost during Operation Sindoor. The Indian Embassy stated the remarks were misinterpreted. The presentation highlighted the Indian Armed Forces' subordination to civilian leadership. It emphasized Operation Sindoor's objective was to target terrorist infrastructure. Tired of too many ads? Remove Ads We have seen media reports regarding a presentation made by the Defence Attache at a Seminar. His remarks have been quoted out of context and the media reports are a mis-representation of the intention and thrust of the presentation made by the speaker. The presentation... - India in Indonesia (@IndianEmbJkt) June 29, 2025 Tired of too many ads? Remove Ads Jakarta: India has refuted reports regarding a presentation made by the Defence Attache at a seminar in Indonesia over the fighter jets allegedly lost during Operation Sindoor , saying that the remarks were "taken out of context" and are "misrepresenting the intention and thrust" of the presentation."We have seen media reports regarding a presentation made by the Defence Attache at a Seminar. His remarks have been quoted out of context and the media reports are a mis-representation of the intention and thrust of the presentation made by the speaker," the Indian Embassy in Indonesia said in a statement on Sunday."The presentation conveyed that the Indian Armed Forces serve under civilian political leadership unlike some other countries in our neighbourhood. It was also explained that the objective of Operation Sindoor was to target terrorist infrastructure and the Indian response was non-escalatory," it in May, Reuters released an article citing Chief of Defence Staff (CDS) General Anil Chauhan's statement on India's military superiority over Pakistan during Operation CDS admitted during the interview that the Armed Forces had suffered losses in the initial stages of the operation but then struck with impunity at Pakistan's bases."So what I can say is, on May 7 and the initial stages, there were losses, but the numbers and that's not important. What was important is why did these losses occur, and what will we do after that? So we rectified the tactics and then went back on seventh, eighth and 10th, and 10th in large numbers, to hit their bases deep inside Pakistan, penetrated all their defences with impunity, with scattered opposition strikes," Gen Chauhan was quoted as saying by decisively asserted its military superiority over Pakistan during last month's brief but intense conflict, with its aerial strikes penetrating deep into Pakistterritory and delivering pinpoint blows to critical enemy infrastructure such as radar systems, control units, and airbases, a Reuters report citing CDS statement, underlining how New Delhi's military superiority during "Operation Sindoor" forced Islamabad to tuck its Operation Sindoor, India demonstrated that large-scale counter-terror operations could be carried out with surgical precision, even against a nuclear-armed adversary, without triggering significant escalation.
NDTV
36 minutes ago
- NDTV
Indian Youth Congress Lodges Complaint Against RSS Leader's Preamble Remarks
Bengaluru: The Karnataka Unit of the Indian Youth Congress (IYC) Legal Cell on Sunday lodged a formal complaint against Rashtriya Swayamsevak Sangh (RSS) General Secretary Dattatreya Hosabale for calling for a reconsideration of the inclusion of the terms "socialist" and "secular" in the Preamble of the Indian Constitution. The complaint was lodged at the Sheshadripuram Police Station by Legal Cell Chairman Sridhar, Co-Chairman Samrudh Hegde, and other office-bearers and advocates. The complaint specifically refers to Hosabale's remarks on June 26 during a public gathering commemorating the Emergency, where he called for the reconsideration and removal of the words from the Preamble. Sridhar, in a letter attached along with the complaint, stated, "On 26th June 2025, while addressing a public gathering commemorating the Emergency, Mr. Hosabale openly stated that the words 'socialist' and 'secular' in the Preamble to the Constitution should be reconsidered and removed. These remarks, made at a politically sensitive event by a high-ranking ideologue of an organisation, are not just ideational commentary." "Such attempts to publicly erode constitutional values must be treated with utmost seriousness and urgency. A clear message must be sent that no one is above the Constitution, and any public advocacy of unconstitutional means or dismantling of constitutional principles will face due process of law," it added. Earlier today, CPI(M) Rajya Sabha MP Sandosh Kumar wrote a letter to RSS Sarsanghchalak Mohan Bhagwat, urging him to recognise the critical role of secularism and socialism as foundational values of the Indian Constitution after Hosabale's call. In his letter, Kumar criticised recent statements made by a senior RSS functionary, questioning these principles and arguing that they are essential to India's pluralistic and just society. He also urged the RSS to formally accept the Constitution and cease actions that undermine its spirit. "These principles are not arbitrary insertions but foundational ideals that emerged from the lived experiences of India's oppressed and the visionary imagination of leaders like Mahatma Gandhi, Jawaharlal Nehru, Dr. B.R. Ambedkar, and many others who sought to create a just, pluralistic Republic. In a diverse country like ours, secularism ensures unity in diversity, while socialism promises justice and dignity to each of our citizens. To ridicule or reject these values is to negate the promise made to the people of India at the moment of our nation's liberation from colonial rule," Kumar wrote. On June 26, RSS general secretary Hosabale suggested reconsidering the inclusion of the terms "socialist" and "secular" in the Preamble of the Indian Constitution. Hosabale was addressing an event on the 50th anniversary of the emergency, held at the Dr Ambedkar International Centre, jointly organised by the Indira Gandhi National Centre for the Arts (under the Ministry of Culture) and the Ambedkar International Centre. Speaking at the event, he emphasised that the emergency wasn't just a misuse of power but an attempt to crush civil liberties. Millions were imprisoned, and freedom of the press was suppressed. He remarked that during the emergency, terms like "socialist" and "secular" were forcibly inserted into the Constitution -- a move that needs to be reconsidered.
Economic Times
36 minutes ago
- Economic Times
RSS has moved on: Shashi Tharoor on Rahul Gandhi's remark that RSS prefers Manusmriti to Constitution
Rahul Gandhi criticized the RSS, claiming they favor Manusmriti over the Constitution after Dattatreya Hosabale suggested reviewing 'socialist' and 'secular' in the preamble. Shashi Tharoor acknowledged Gandhi's historical accuracy regarding past RSS stances. However, Tharoor believes the RSS has evolved since then, suggesting they should clarify their current views. Tired of too many ads? Remove Ads After Congress leader Rahul Gandhi hit back at RSS for Dattatreya Hosabale's call for a review of the words 'socialist' and 'secular' in the preamble by stating that RSS preferred the Manusmriti to the Constitution, CWC member Shashi Tharoor said while Gandhi's statement was accurate in stating what the then Sangh leader MS Golwalkar and others stated at the time of Independence, he (Tharoor) felt "RSS has moved on from those days"."Historically, he's (Gandhi) referring to the fact that it was a criticism expressed at the time of the adoption of the Constitution... But I think the RSS itself has moved on from those days. So, as a historical statement, it's accurate, whether it's a reflection of how they feel today, RSS should be in the best position to answer," he said in Ahmedabad in response to media queries on Gan- dhi's comment.
