'Waiting for Muhurat': Supreme Court pulls up Assam govt for not deporting people declared as foreigners

The Supreme Court rapped the Assam government and the Centre for not deporting people declared as foreigners and keeping them in detention centres indefinitely. The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, took a sharp dig at the state’s inaction, asking, "Are you waiting for some muhurat (auspicious time)?"

Expressing strong disapproval, the justices emphasized that repatriation must follow immediately once a person is determined to be a foreign national. "You have refused to start deportation saying their addresses are not known. Why should it be our concern? You deport to their foreign country," the court sternly told the Assam government’s counsel.

"Once you declare a person foreigner, then you have to take the next logical step. You cannot detain them till eternity. Article 21 of the Constitution is there. There are many foreigner detention centers in Assam. How many have you deported?"

SC flags Constitutional violation

The Supreme Court had previously ruled that the right to life under Article 21 is not exclusive to Indian citizens but extends to all individuals, including foreign nationals. With this in mind, the apex court had earlier instructed the state to expedite repatriation and avoid unnecessary detention.

This legal battle centres around 270 individuals currently confined in detention centers and transit camps across Assam. The state government has repeatedly failed to provide a satisfactory explanation for their prolonged incarceration. In a previous hearing, the top court had granted Assam six weeks to submit a compliance affidavit, expecting a clear justification for detaining these individuals rather than ensuring their repatriation.

In response, Assam’s counsel argued that the deportation process hinges on coordination with the Union government. He explained that the state compiles detailed records of illegal migrants, including their contact addresses, and forwards them to the Ministry of External Affairs, which in turn verifies their identities through diplomatic channels.

However, the court remains unconvinced by these bureaucratic hurdles, reiterating that administrative delays cannot justify indefinite detention. Earlier, the Supreme Court had also directed the Assam State Legal Services Authority to inspect the Matia transit camp for foreigners, assessing hygiene conditions and food quality.