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Indian Express
12 hours ago
- Politics
- Indian Express
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.'
Indian Express
03-06-2025
- General
- Indian Express
‘SC said declared foreigners should be deported, Assam govt has taken it to mean something very different and for push backs': Petitioner
The Supreme Court on Monday refused to entertain a plea challenging the Assam government's move to 'push back' alleged illegal immigrants and those declared foreigners by the state's Foreigners' Tribunals (FTs) into Bangladesh. A Bench of Justices Sanjay Karol and S C Sharma instead asked the petitioner, the All BTC Minority Students' Union (ABMSU), a social organisation based in the Bodoland Territorial region, to approach the Gauhati High Court. The Indian Express spoke to ABMSU president Taison Hussain on their attempt to challenge the Assam government's steps. Excerpts: * Why did you approach the Supreme Court over the issue? The foreigners' matter has been going on in Assam for a very long time. The FTs function in an arbitrary manner and many of the people declared foreigners are done so ex-parte (proceedings conducted and orders passed in their absence). Then last month we started seeing people getting picked up by the police – these people have been out on bail on the Supreme Court's orders, many have approached higher courts to appeal against their FT orders and have stay orders on action against them — and since then, no one knows where they have been taken. When relatives go to the police, the police say they don't know (anything). That means the people are missing. Then two days after all this first started, we started seeing videos of people stuck in the no man's land between Bangladesh and India. When we found out, our organisation demonstrated against this and contacted officers concerned, but we didn't get any positive results. There was a Supreme Court order that declared foreigners in Matia (Assam's dedicated detention camp) should be deported, which the state government has taken to mean something completely different and is now doing 'push backs'. Because of this, we approached the Supreme Court. * In what way do you think the state is acting differently from the Court's directions? The Supreme Court had said that if these people are Bangladeshi citizens and the state knows this, they need to be deported. We have never objected to anyone being deported in a legal manner. But these people were born here. If there is a mistake in their name in some records, if there is some irregularity in age, they are declared foreigners by FTs. Many have approached higher courts and others still have the option to do that. They can't just be picked up. They have not violated their bail ground rules. But they were picked up suddenly at night. We think this is a misinterpretation and violation of what the Supreme Court said. There is a proper procedure for deportation. But here, nothing has been done formally and these people were just pushed into no man's land. No notice was given to them before it was done and, till date, the government has not given an official statement on what exactly is being done. * Is this a new turn in the state's long-standing citizenship issue? At a recent press conference, the CM (Chief Minister Himanta Biswa Sarma) said the process of detecting foreigners by the border police had been stopped for a few years because of the National Register of Citizens (NRC) updation process. Now we think that because the Assembly elections are coming (in 2026), this decades-old issue is being raised again. He (Sarma) has taken steps to deport alleged foreigners to gain political mileage. We support the completion of the NRC exercise, which has been on hold for more than five years now. This is the only solution to the foreigners' issue – not the arbitrary border police and Foreigners' Tribunals – and the only way to put an end to it for good. * Now that the Supreme Court has declined to hear your plea, what will your next step be? The Supreme Court has not said that our case does not have merit. It has said that because there are some individual cases and that this is happening in the state, we should approach the Gauhati High Court. We will file a writ petition in the Gauhati High Court this week.
The Wire
02-06-2025
- Politics
- The Wire
SC's Refusal to Entertain Plea on Assam Govt's ‘Illegal Deportations' and What it Means
Menu हिंदी తెలుగు اردو Home Politics Economy World Security Law Science Society Culture Editor's Pick Opinion Support independent journalism. Donate Now Top Stories SC's Refusal to Entertain Plea on Assam Govt's 'Illegal Deportations' and What it Means Tarushi Aswani 39 minutes ago The petitioner claimed that the BJP government in Assam was arbitrarily ousting Indian citizens to Bangladesh without following any process under the pretext of deporting undocumented migrants. View of the Supreme Court on May 5, 2025. Photo: PTI/Kamal Kishore. Real journalism holds power accountable Since 2015, The Wire has done just that. But we can continue only with your support. Contribute now New Delhi: On June 2, the Supreme Court refused to entertain a plea filed by the All B.T.C. Minority Students' Union (ABMSU) raising concerns over the Himanta Biswa Sarma-led Assam government's 'indiscriminate' drive to 'push back' individuals who have been declared foreigners by the Foreigners Tribunals (FT) in the state. Justices Sanjay Karol and Satish Chandra Sharma dismissed the petition and suggested that the petitioner organisation approach the Gauhati high court for appropriate relief. Filed by ABMSU, a social organisation based in Assam's Bodoland, the writ petition questioned the growing pattern of deportations conducted by the Assam Police and administrative machinery through an informal mechanism of 'pushing back', without observance of the safeguards mandated by the constitution or the Supreme Court. The union has claimed that the Bharatiya Janata Party government in Assam was arbitrarily ousting Indian citizens to Bangladesh without following any process under the pretext of deporting undocumented migrants. The petition filed through advocate Adeel Ahmed says that, 'This policy of 'push back' is being executed in border districts like Dhubri, South Salmara and Goalpara – it is not only legally indefensible but also threatens to render stateless numerous Indian citizens, especially those from poor and marginalised communities who were either declared foreigners ex parte or have no access to legal aid to challenge their status.' The petition also adds that such actions are in a direct conflict with the fundamental rights guaranteed under Articles 14, 21 and 22 of the constitution, and violate binding judicial precedents laid down by the Supreme Court, including the judgment in 'Re: Section 6A of the Citizenship Act 1955' case. This petition emanates from the recent rise in the number of detentions of declared foreigners in Assam since May 23. Families have claimed that they have no information on their relatives' whereabouts. Some of them have identified their missing relatives in videos from Bangladesh, alleging they were forcibly sent across the border. Take the case of Khairul Islam for instance: on May 24, Islam and eight others were picked up from different parts of Morigaon district, but family members claimed they were not told about their whereabouts. Islam, a former teacher, along with his three siblings, was declared a foreigner by the FT in 2016, against which he had approached the Gauhati high court. The high court had upheld the FT's decision, leading to Islam's detention in 2018. He was set free in 2020 following a Supreme Court general order for releasing all detainees who have spent more than two years term. On May 31, Islam, who was detained by the Assam police on the charges of being a foreigner and allegedly deported to Bangladesh, was brought back to his home in Morigaon district, an officer had said. From May 27 until the morning of May 31, Islam and the others were reported to be in no man's land, between India and Bangladesh. Such deportation drives are being undertaken as a result of the Supreme Court's recent order, the petition claims. The said order delivered in February this year, rapped the state for not initiating the process of deporting 63 individuals who have been declared foreigners by the FT on the ground that their addresses are unknown. The petition has also submitted that the said order, which pertain specifically to 63 named individuals whose nationality had been verified by the Ministry of External Affairs, is now being indiscriminately applied by the respondent state and law enforcement agencies to detain and forcibly deport several persons without due process. These include individuals not named in the Annexure to the affidavit dated February 3, 2025, and persons who have not received FT orders or have not been afforded the opportunity to challenge or review such orders. The petitioner has also submitted that 'they are in possession of credible material-including news reports, family testimonies, and field verification-indicating that numerous individuals have already been deported or are on the verge of being pushed across the international border under a purported 'push back' policy'. This policy, the petitioner has stated is being implemented in absence of any judicial oversight or constitutional safeguards, poses an imminent threat to the fundamental rights of numerous Indian citizens. In addition to this, more than 2,000 alleged illegal Bangladeshi immigrants are estimated to have been 'pushed back' across the border by Indian authorities since Operation Sindoor began in the early hours of May 7, following a nationwide verification exercise, The Indian Express has reported. Amid these 'illegal deportations' which the Supreme Court has refused to acknowledge, the UN High Commissioner for Human Rights also released a statement regarding at least 40 Rohingya refugees who were detained in New Delhi and cast into the sea by the Indian navy near the maritime border with Myanmar. The refugees, including children and women, swam for their life, but their whereabouts in Myanmar remain unknown, the agency said. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments. Make a contribution to Independent Journalism Related News Himanta Justifies Govt's Strategy of Pushing Back 'Foreigners' Into Bangladesh, Cites SC Order Assam 'Re-Arrests': NHRC Complaint, Pleas in Courts Reflect Fears of Forced Deportation India 'Pushing Back' Undocumented Bangladesh Nationals, 300 Migrants Sent Back this Month: Report Over 700 Undocumented Bangladeshi Migrants in Delhi Sent Back in Last Six Months 'Thrown Into the Sea': How India Allegedly Deported 38 Rohingya Refugees Without Due Process 'A Dharamshala?': What the SC Said While Rejecting a Sri Lankan Tamil Man's Plea Against Deportation 'Tortured Like Criminals': Rohingya Refugees Reveal Chilling Details of Police Abuse Amid Deportations Why the SC-Ordered Probe Into Assam's Fake Encounters Is Significant Amid Bangladesh's Objection, India Continues to 'Push Back' Undocumented Migrants Across Border View in Desktop Mode About Us Contact Us Support Us © Copyright. All Rights Reserved.
Indian Express
02-06-2025
- Politics
- Indian Express
SC refuses to entertain plea against Assam govt's deportation of Bangladeshis, directs petitioner to move Gauhati HC
The Supreme Court on Monday refused to entertain a plea challenging the Assam Government's move to deport Bangladeshis who have entered the country illegally. A bench of Justices Sanjay Karol and S C Sharma asked the petitioner, All BTC Minority Students Union (ABMSU), to approach the Gauhati High Court. 'Sixty-nine people are being deported, please go to the Gauhati High Court,' the court said. On February 4, a bench of Justices Abhay S Oka and Ujjal Bhuyan had asked the state to do the needful to deport 63 declared foreigners. The government had then said that it was awaiting confirmation of their nationality. They were subsequently confirmed to be Bangladeshi nationals. The petition alleged that using this order as an excuse, the state 'has reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners…' Citing some of the alleged deportations, the plea argued that 'these instances are not isolated, but part of an emerging pattern where individuals are detained and deported without Foreigners Tribunal declarations, nationality verification by the MEA, or even an opportunity to appeal.' '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,' ABMSU claimed. In a related development, the court also agreed to take up next week a habeas corpus petition filed by a man who alleged that his mother had been picked up for deportation and since then, her whereabouts are not known. Initially, the bench said it will tag it with a pending plea on illegal immigrants. Senior Advocate Kapil Sibal, however, urged the court to issue notice, so that the state can reply. 'We don't know. Son doesn't know. Let them say. If she is in Bangladesh, it's another matter.' Sibal contended that the arrest of the petitioner's mother violated norms on arrest laid down by the Supreme Court in the D K Basu case. 'Your Lordships know she has to be produced within 24 hours. She is not produced. Picked up from the house. Directly in violation of the DK Basu judgment. SP goes to the house, picks her up and throws her. How can that be?' the senior counsel submitted. The court issued notice and fixed it for hearing early next week.
New Indian Express
02-06-2025
- Politics
- New Indian Express
SC refuses to hear plea against Assam's ‘push back' policy; asks petitioner to move Gauhati HC
The Supreme Court's vacation bench on Monday declined to entertain a plea challenging the Assam government's alleged 'push back' policy to detain and deport suspected foreigners without verifying their nationality or exhausting legal remedies. "We are not inclined to hear it. Sorry. Why are you not going to the Gauhati High Court?", the two-judge vacation bench of the top court, headed by Justice Sanjay Karol and Justice Satish Chandra Sharma told the lawyer, Sanjay Hegde, appearing for the petitioner, All BTC Minority Students Union (ABMSU), to knock the doors of the HC for relief. Hegde told the top court that the plea was based and filed here on an order passed by the apex court earlier. When the court did not incline to pass any order on the plea, Hegde said the petitioner would like to withdraw the plea to take and ensure appropriate recourse before the high court. Allowing his request, the bench directed him to withdraw the plea. The plea has been filed in the Supreme Court on Saturday challenging the Assam government's reportedly launched "push back" policy of a "sweeping and indiscriminate drive" to detain and deport persons suspected to be foreigners without nationality verification or exhaustion of legal remedies. "The 'push back' policy, as implemented (by Assam govt) 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 of ABMSU claimed. This policy of "push back" - being executed in border districts like Dhubri, South Salmara and Goalpara - was not only legally indefensible but also threatens to render stateless numerous Indian citizens, especially those from poor and marginalised communities who were either declared foreigners ex-parte or have no access to legal aid to challenge their status, the plea claimed.
