&w=3840&q=100)
Assam govt to invoke a forgotten law to identify and expel illegal migrants
The Assam government is working on reviving the use of a 75-year-old previously overlooked law in a bid to push back illegal immigrants from the state. As per the law, the state will be able to remove illegal migrants without any form of judicial intervention and immediately after their identification.
On Saturday, Assam CM Himanta Biswa Sarma noted that a constitutional bench of the Supreme Court, while hearing a case on Section 6A of the Citizenship Act (October 2024), had maintained that there is no legal requirement for the Assam government to always approach the judiciary in regards to illegal immigrants, The Times of India reported.
STORY CONTINUES BELOW THIS AD
'There is an old law called the Immigrants Expulsion Order (1950), and during a hearing on Section 6A of the Citizenship Act, the constitutional bench of the Supreme Court said this Act is still valid. Under its provisions, even a district commissioner can issue an order for immediate pushback of illegal immigrants,' the Assam CM said on Saturday.
'For whatever reason, our lawyers had not informed us about this, and we weren't aware of it either,' Sarma added. He revealed that in the past few days, the entire matter has come to light, and the state government will now discuss it seriously.
The process of identifying foreigners will be sped up: Assam CM
The Assam CM noted that the process of identifying illegal immigrants and pushing them back from the state will be sped up now that the government is aware of the law. 'The process of identifying foreigners, which had paused due to NRC-related matters , will now be sped up a bit,' he said.
'This time, if someone is identified as a foreigner, we don't send them to a tribunal. We will straightaway push them back. Preparations for this have been ongoing over the last few days,' he added. Sarma also maintained that those who have moved courts will not be pushed back for now.
In his statement, Sarma was referring to the five-member Constitution Bench headed by then Chief Justice DY Chandrachud . On October 17, 2024, the bench upheld the validity of Section 6A of the Citizenship Act in a 4:1 majority, with Justice JB Pardiwala giving the sole dissenting opinion.
In their joint order, Justices Surya Kant, MM Sundresh and Manoj Misra said that the provisions of the Immigrants (Expulsion from Assam) Act, 1950, 'shall be effectively employed for identification of illegal immigrants.'
About the 1950 law
The Immigrants (Expulsion from Assam) Act, 1950 (IEAA) empowers the central government to order the expulsion of any person or class of persons who came into Assam from outside India, either before or after the commencement of the Act. The act can be implemented to deal with someone who stays in Assam and is detrimental to the interests of the general public of India or any Scheduled Tribe in Assam.
The constitutional bench also noted that the IEAA granted 'the Central Government the power to direct the removal of immigrants who are detrimental to the interests of India.'
STORY CONTINUES BELOW THIS AD
'If there is any other piece of legislation, such as the IEAA, under which the status of an immigrant can be determined, we see no reason why such statutory detection shall not also be given effect to, for deportation. We thus hold that the provisions of IEAA shall also be read into Section 6A and be applied along with the Foreigners Act, 1946, for detection and deportation of foreigners,' the judges stated in their order.
It is pertinent to note that the law was enacted even before the immigrants from West and East Pakistan were considered foreigners under the Foreigners Act . According to the Statement of Objects and Reasons, the Act was enacted to deal with the large-scale immigration of migrants from East Bengal to Assam.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
34 minutes ago
- Hindustan Times
Drug peddlers to be booked under MCOCA: CM
Mumbai : Chief minister Devendra Fadnavis on Wednesday said in the legislative council that the Maharashtra Control of Organised Crime Act (MCOCA) will be amended during the ongoing monsoon session of the state legislature so that drug dealers can be booked under the stringent law. Maharashtra Chief Minister Devendra Fadnavis and others arrive at Vidhan Bhavan (PTI) The chief minister was replying to a question raised by Bharatiya Janata Party (BJP) legislator Parinay Phuke regarding the smuggling of Mephedrone, a synthetic stimulant drug. 'Those who are arrested in smuggling cases get released within a few days and continue with their business in different cities. I demand that these people be arrested under the MCOCA,' Phuke said. In response, Fadnavis said that smuggling of drugs was a serious issue and various investigating agencies including the Anti-Narcotics Cell (ANC) of the Mumbai police, the Directorate of Revenue Intelligence (DRI) and Narcotics Control Bureau (NCB) had seized 5,158 kilograms of Mephedrone from Maharashtra worth ₹9,522 crore over the past five years. The ANC registered 12 cases and arrested 75 people between 2021 and 2025, while the NCB registered three cases and the DRI registered four cases and arrested 22 people between 2022 and 2025, he said. As per data submitted via the written reply, in 2022, 2023 and 2024, the number of cases registered in connection with Mephedrone smuggling were 303, 642 and 545, respectively. The chief minister mentioned that while those involved in drug peddling are currently booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the government will amend existing laws so that they can be booked under the MCOCA. 'The amendment will be done in the ongoing monsoon session of the state legislature,' Fadnavis stated. He also said that NDPS units had been set up under every police station and the police department had taken major action against drug peddlers in the past couple of years. 'At the national level too, there is intelligence sharing and big actions are being taken. We will request the high court regarding a fast-track court for these cases,' Fadnavis said.
Hans India
an hour ago
- Hans India
Former YSRCP MLA Vamsi released on bail
Vijayawada: Former MLA from Gannavaram Vallabhaneni Vamsi who has been involved in multiple criminal cases leading to his recent incarceration has been released on bail from the district jail here on Wednesday. Vamsi has faced a series of legal challenges with reports indicating over 11-14 cases filed against him. Attack on TDP Office (Gannavaram) is one of the most prominent cases. In February 2023, the Telugu Desam Party (TDP) office in Gannavaram was attacked and vandalised. Vamsi, then associated with the YSRCP, was implicated in this incident. He was arrested in February 2025 in connection with charges of abduction, threatening, and intimidating witnesses in this case. The case involved allegations under various sections of the Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Several complaints have been filed against Vamsi related to land disputes and alleged land grabbing. One such case, filed in February 2025, involved a complaint from Sunkara Sreemahalakshmi regarding a property dispute dating back to 2004. Allegations from the 2019 election period claimed that Vamsi was involved in distributing fake housing deeds in Gannavaram to influence voters. This case was not closed and later saw his name included in the FIR. Gannavaram police registered a case against Vamsi and his associates for alleged illegal mining activities in Bapulapadu, Gannavaram, and Vijayawada Rural areas, leading to financial loss for the government. After spending approximately 137 days in jail following his arrest on February 16, 2025, Vamsi was granted bail in all the cases registered against him. On July 1, 2025, the Nuzvid court granted him bail in the fake housing deeds case, which was the last pending case against him. The court imposed conditions, including a surety of one lakh rupees and a mandate to appear at the local police station twice a week. He had previously secured bail or anticipatory bail in other cases, including the land encroachment case (High Court), the kidnapping case (Vijayawada court), and the illegal mining case (Andhra High Court). Vamsi was finally released from Vijayawada district jail on Wednesday. His release was met by his wife Pankaja Sree, YSRCP leaders, and supporters.
Indian Express
2 hours ago
- Indian Express
Express View on Karnataka's draft bill on fake news: Don't make it law
Several elements go into making legislation 'bad in law': Vague provisions and definitions that invite misuse; arrogation of power to government authorities without necessary checks and guardrails; difficulties of enforcement or possibilities of selective enforcement and, most importantly, legitimate concerns about infringement on fundamental rights and violation of due process. The Karnataka Mis-Information and Fake News (Prohibition) Bill fulfils these criteria, and more. It constitutes an 'Authority' — headed by the state Information & Broadcasting Minister and made up mostly of lawmakers and officials selected by the government — that is all but certain to act as a censor. It is a bill of bad faith — it enables an exercise of arbitrary power under the garb of rooting out falsehood. It is an overzealous government addressing a complex issue through the bluntest of instruments. India has approximately 700 million smartphone users, and Karnataka is among the states with the highest internet penetration. Can the proposed Authority mine and analyse the vast amounts of data on social media while ensuring that no citizen's right to free speech is violated? More importantly, even if it could, should it? 'Fake news' is defined by the Bill as false or inaccurate reporting, editing that distorts facts and purely fabricated content. Misinformation is 'knowingly' or 'recklessly' spreading falsehoods, with exceptions for religious sermons, satire, and 'artistic expression'. Evidently, the government of Karnataka, not satisfied with setting itself up as the arbiter of Truth, seeks to define Art as well. It also wishes to prosecute what it deems as going against 'feminism' and 'Sanatan Dharma'. The Bill compounds the sin of loosely worded and vague provisions with harsh punishment: Offenders face fines up to Rs 10 lakh, seven years' imprisonment or both. It flies in the face of the letter and spirit of the Supreme Court's judgment in the Shreya Singhal (2013) case and the Bombay High Court verdict on the Centre's IT Rules in 2024, both of which warned against the dangers of ill-defined legal provisions encroaching on free speech. India already has laws on defamation and for protecting 'hurt sentiments', which are often weaponised by governments to curb fundamental freedoms. Karnataka's capital is a hub of innovation, and of a start-up culture that has the potential to propel the state's and the country's economy forward. The government must recognise that innovation and censorship do not go together. Fifty years after the Emergency, the lesson on the dangers of state excess and overreach should have been internalised by Congress governments, including in Karnataka. As Justice Gautam Patel noted in the Bombay HC's 2024 verdict, 'Every attempt to whittle down a fundamental right must be resisted root and branch.' Misinformation and fake news are indeed problems of the present and future. Addressing them requires digital literacy, which involves going to schools to ensure that the next generation is equipped to sift fact from falsehood. Such programmes require finesse, time and the right intent. Not a draconian law — the Bill needs to be binned.
