Assam detention centres: SC slams Assam Govt, summons Chief Secy over ‘defective’ affidavit-OxBig News Network

The Supreme Court on Wednesday slammed the Assam Government for filing a “defective” affidavit that failed to explain the reasons for detaining 270 foreigners at the Matia transit camp.

”The affidavit does not give any justification for detaining…steps taken to deport are not set out. This is a gross violation of orders of this court. We direct the chief secretary to remain present through video-conferencing and explain the non-compliance,” a Bench of Justice AS Oka and Justice N Kotiswar Singh said.

While hearing a petition on deportation of persons declared foreigners and facilities at detention centres in Assam, the top court directed the Assam Chief Secretary to remain present through video-conferencing on the next date of hearing.

The petition 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.

As the Assam Government counsel said the affidavit was confidential and should remain sealed as it contained the addresses of foreigners, the Bench said, “This shows that the state does not want to come clean. Tell us what is confidential in the affidavit?”

It said, “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 envelope, prima facie we disagree with the counsel that there is something confidential about the contents.”

The Bench said it had granted six weeks’ time to the Assam Government on December 9 to file an affidavit and it expected the state to give reasons for detaining 270 foreign nationals in the transit camp as also details of the steps taken for their deportation.

The state government counsel submitted that persons were detained only after they were declared foreigners by the foreigners’ tribunals and explained the mechanism of deportation of illegal migrants. It sought to know why detentions were continuing without the deportation process even being initiated.

Earlier, it 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 top court had in May last year said that the Centre must take immediate steps for deporting 17 foreigners at the detention centre in Matia. The priority should be given to deport four, who had spent more than two years in the detention centre, it had said.