In Gauhati HC, challenge to Assam's ‘pushback' into Bangladesh: ‘Nothing in law ratifies this action'
The All BTC Minority Students Union has moved the Gauhati High Court with a petition against the Assam government's actions of 'pushing back' alleged foreigners into Bangladesh after the Supreme Court refused to entertain their plea and asked them to approach the high court.
In a hearing held Friday at the Gauhati High Court, a Bench of Justices Manish Choudhury and Mitali Thakuria directed the counsels for the petitioners to identify specific individuals affected by the state government's actions.
'Mr. [A.R.] Bhuyan, learned counsel appearing for the petitioner has submitted that he has received the detailed particulars of persons who have been picked up and who have been subjected to the alleged Pushback Policy adopted by the State. It is his submission that they were earlier on Indian soil, but, after being picked up their whereabouts are not known,' states the order, adding that advocate Bhuyan has submitted that he will file an additional affidavit with details of the persons by July 14.
Senior Advocate Sanjay Hegde, who appeared virtually for the petitioners, argued that pushbacks are being conducted by the state government without legal sanction.
'Nothing in law ratifies this action called pushbacks. Pushback is relevant only [under] certain circumstances, that is if there are some aliens coming on to the territory, and you catch them at the border and do not allow them to enter, where you have no admission policy, that is push back. But people who are already on this side of the border, who have been subject to judicial proceedings and some of whom have failed the judicial proceedings and other who are suspected to be illegal immigrants, there is no procedure under the law in which they can just be taken to the border and pushed across the border,' he argued.
Assam Advocate General Devajit Saikia, appearing for the state, argued that the petition is 'vague' and questioned whether the ABMSU had legal standing to file the petition.
'Mr. Saikia, learned Advocate General, has raised an issue of maintainability of the instant PIL,' noted the court in its order.
In their petition, the ABMSU have prayed for the court to declare 'the 'push-back' policy adopted by the state respondent' as 'unconstitutional' and 'illegal' and to direct the state to not deport or push back people without following 'the due process of law.'
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