Assam Deportation Case: Supreme Court Sends Plea to Gauhati HC
The petition claimed that these "push back" actions were being executed without judicial oversight or adherence to constitutional safeguards. It argued that such practices violated Articles 14 and 21 of the Constitution—guaranteeing equality before law and the right to life and personal liberty—by depriving individuals of due process and the opportunity to challenge their deportation.
Verdicto News Desk 
New Delhi: The Supreme Court on Monday refused to entertain a plea alleging that the Assam government had launched a "sweeping" and "indiscriminate" drive to detain and deport individuals suspected to be foreigners—without verifying their nationality or allowing them to exhaust legal remedies.
A bench comprising Justices Sanjay Karol and Satish Chandra Sharma directed the petitioner, the All BTC Minority Students Union, to approach the Gauhati High Court instead. “Why are you not going to the Gauhati High Court?” the bench asked senior advocate Sanjay Hegde, who represented the petitioners.
Hegde submitted that the petition was based on a previous order passed by the apex court. However, the bench reiterated its stance: “Please go to the Gauhati High Court.” Following this, Hegde sought permission to withdraw the plea to seek appropriate relief from the high court, which the bench allowed.
The plea, filed through advocate Adeel Ahmed, referred to a February 4 order by the Supreme Court directing the Assam government to deport 63 declared foreign nationals—whose nationality had been confirmed—within two weeks.
According to the petition, the state of Assam has misused this directive to carry out a broader crackdown, detaining and deporting individuals even in the absence of declarations by Foreigners Tribunals, proper nationality verification, or exhaustion of legal channels. It cited media reports, including an incident involving a retired school teacher who was allegedly "pushed back" into Bangladesh.
The petition claimed that these "push back" actions were being executed without judicial oversight or adherence to constitutional safeguards. It argued that such practices violated Articles 14 and 21 of the Constitution—guaranteeing equality before law and the right to life and personal liberty—by depriving individuals of due process and the opportunity to challenge their deportation.
The plea sought a directive ensuring that no person is deported under the February 4 order unless there is a reasoned declaration by a Foreigners Tribunal, proper verification of nationality by the Ministry of External Affairs, and provision for appeal or review. It also urged the court to declare the Assam government’s alleged "push back" policy as unconstitutional and contrary to established legal precedents.
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