GUWAHATI, Feb 10 - The Gauhati High Court has pulled up the Ministry of Home Affairs (MHA) and the Ministry of External Affairs (MEA) for their �cavalier� attitude, leading to inordinate delay in the deportation of an Afghan national nabbed in Assam.
The Court, in its latest order, also warned of taking an adverse view of the matter if both the Ministries fail to comply with the Court order.
The Court�s sharp reactions came in response to the writ petition filed by Sarowar Khan, a declared Afghan national, seeking deportation back home. Although Khan was declared as an Aghan national in 2014, his deportation continues to get delayed.
The Court also took strong exception to the fact that even after the passage of two years since the petitioner was declared a foreigner illegally residing in India, neither the Centre nor the State Government has shown any urgency to deport him.
�There is also complete non-response to the queries of the Court which cannot be appreciated,� the order pointed out. It was also critical of two senior officials of the MHA and MEA for their �cavalier� approach in the matter.
�It is the duty of the Union and the State to ensure that no foreigner can illegally reside in the country. It has taken two years� time for the Union and the State to decide how to deport a foreigner illegally staying in India. This is really unfortunate,� the order stated.
The Court of Ujjal Bhuyan and Kalyan Rai Surana further directed the MHA and the MEA to take immediate steps for deportation of the Aghan national within two months.
The MHA and the MEA, as per the orders passed earlier, have been communicating with the Embassy of Islamic Republic of Afghanistan for deportation, but nothing fruitful has come out so far.
Further, although the counsel appearing for the Union of India had submitted that the power of deportation has been delegated to the State Government, the Court opined that �such submission in our considered opinion is wholly unacceptable because it is still not understood as to how the State of Assam can execute deportation of the petitioner to Afghanistan.�
While L Deka appeared for the petitioner, Assistant Solicitor General SC Keyal appeared on behalf of the Union of India.
