Deportation without legal procedure valid, says CM citing old expulsion law
The Immigrants Expulsion Order, upheld by SC, allows swift pushback without formal legal procedure, says CM Sarma
A file image of Himanta Biswa Sarma (Photo: @CMOfficeAssam / X)
Guwahati, June 7: Chief Minister Himanta Biswa Sarma, on Saturday, announced that his government will expedite the detection and deportation of illegal immigrants, a process that had slowed down due to the National Register of Citizens (NRC) exercise.
Speaking to the press at Ghagrapar in Nalbari district, the Chief Minister said that from now on, once detected, illegal immigrants will be pushed back immediately without facing a formal trial.
“The detection process of illegal immigrants, which was going at a snail’s pace due to the NRC, will now speed up in Assam. Once detected, we will push them back into Bangladesh,” Sarma stated.
He cited a hearing before a Constitutional Bench of the Supreme Court on Article 6(A) of the Constitution, saying the apex court clarified that Assam does not require adherence to a prolonged legal procedure to deport illegal migrants.
“There is an old law called the Immigrants Expulsion Order (1950), and the Supreme Court observed that this Act is still valid. Under its provisions, even a District Commissioner can issue an order for immediate pushback of illegal immigrants,” he said.
Sarma added that the state government was made aware of this only in recent days and will deliberate on the matter further.
“We have already pushed back a large number of people, except those with ongoing court cases. The number of illegal immigrants being deported is rising and will continue to do so,” he said.
However, the state’s deportation drive has drawn criticism from several minority organisations and student bodies.
They have accused the government of carrying out indiscriminate detentions and deportations of individuals suspected to be foreigners without proper verification.
On June 2, the Supreme Court declined to entertain a petition filed by the All B.T.C. Minority Students’ Union (ABMSU), which had challenged the state government’s alleged arbitrary deportation measures.
Earlier, the Ministry of External Affairs (MEA) in May had urged Bangladesh to expedite the nationality verification process to facilitate deportations.
Addressing the press on May 22, MEA spokesperson Randhir Jaiswal had said that over 2,000 verification cases remain pending with the Bangladesh government, and India is keen to accelerate the process.