Supreme Court Directs Assam Deportation Plea to Gauhati HC
The Supreme Court of India has declined to consider a petition challenging the Assam government’s ongoing deportation drive against suspected illegal immigrants, directing the petitioner to instead approach the Gauhati High Court. This move effectively passes the responsibility of adjudicating the issue to the state judiciary, emphasizing the procedural protocol of starting with the appropriate forum of first instance.
The petition raised alarm over the allegedly arbitrary detention and deportation of individuals deemed as foreigners by the Foreigners Tribunals. Concerns were also expressed regarding the lack of transparency and due legal process in implementing the deportation measures. However, the Supreme Court, while acknowledging the matter’s sensitivity, maintained that the petitioner should seek relief from the Gauhati High Court before approaching the apex bench.
Supreme Court Decision
A vacation bench of the top court stated that the matter was best addressed at the High Court level for now, reinforcing the judicial hierarchy. The court refrained from issuing any directions or entertaining the plea directly. This decision also indirectly highlights the judiciary’s cautious stance on intervening in state-level administrative actions without exhaustive legal review at subordinate levels.
The development comes amid growing concerns in Assam regarding the legal status of individuals left out of the National Register of Citizens (NRC). Close to 1.9 million people were excluded from the final NRC list published in 2019, leading to widespread uncertainty and distress.
Gauhati High Court’s Role
With the Supreme Court’s redirection, the legal burden now shifts to the Gauhati High Court, which is expected to examine the legality and procedural fairness of the Assam government’s deportation efforts. The High Court will likely assess whether constitutional safeguards and legal rights are being upheld in these deportation cases.
Meanwhile, families of detained individuals are reportedly struggling to trace their loved ones amid the state’s intensified crackdown. Human rights concerns continue to be raised over the absence of proper notice, legal aid, and humane treatment in the handling of these cases.
The outcome of this case at the High Court level could set a precedent for how similar cases are handled across the country, especially in states facing challenges related to illegal immigration.
