NEW DELHI, Jan 22: Calling it a “defective” affidavit, the Supreme Court on Wednesday slammed the Assam government for not giving in its reply reasons for detaining 270 foreigners at the Matia transit camp.
A bench of Justices Abhay S Oka and Nongmeikapam Kotiswar Singh directed the Assam chief secretary to remain present through video-conferencing on the next date of hearing.
The top court said it granted six weeks time to the state government on December 9 to file the affidavit and expected it to give reasons for detaining 270 foreign nationals in the transit camp besides details on the steps taken for their deportation.
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“The affidavit does not give any justification for detaining…steps taken to deport are not set out. This is gross violation of orders of this court. We direct the chief secretary to remain present through video-conferencing and explain the non-compliance,” the bench said.
The counsel appearing for the state government submitted that persons were detained only after they were declared foreigners by the foreigners tribunals and explained the mechanism of deportation of illegal migrants.
The top court sought to know why detentions were continuing without the deportation process even being initiated.
The court expressed displeasure after the Assam government counsel said the affidavit was confidential and should remain sealed.
“This shows that the state does not want to come clean. Tell us what is confidential in the affidavit?” asked the bench.
The lawyer said the affidavit contained the addresses of foreigners and the details could go to the media.
“Assam counsel states that affidavit filed should be kept in sealed envelope, as contents thereof are confidential. Though we are directing that it be kept in sealed enveloped, prima facie we disagree with the counsel that there is something confidential about the contents,” the bench said.
The top court had directed Assam State Legal Services Authority to conduct surprise visits at the Matia transit camp for foreigners to check the facility’s hygiene and food quality.
The bench was hearing a plea concerning the deportation of persons declared foreigners and facilities at the detention centres in Assam.
While hearing the matter on May 16 last year, the apex court observed that the Centre must take immediate steps for deporting 17 foreigners at the detention centre in Matia. It said priority should be given to deport four, who had spent more than two years in the detention centre.
The plea also sought a direction to the Assam government not to detain any person declared a foreigner by the tribunal until it could show proof of a possible deportation in near future. (PTI)
