SC to pass release orders for detainees stuck in Assam’s detention centers

New Delhi, May 10, 2019:

The Supreme Court on Thursday said that the foreigners could not be held forever in the detention centers of Assam who could not be deported to their parent country after completing their term.

A bench of Chief Justice of India, Justices Deepak Gupta and Sanjiv Jain mentioned that they are ready to give release orders with the condition that will be available whenever needed by the authorities.

As per reports, the apex court had asked advocate Prashant Bhushan, appointed as amicus curiae, and Solicitor General Tushar Mehta to recommend how this could be ensured. To this, Bhushan referred to an affidavit filed by the state which recommended making the detainees wear radio collar devices, providing surety from two Indian nationals along with an amount of Rs 1 lakh. This was also agreed by Mehta saying it to be one of the options.

Bhushan recommended that a cut-off period of six months could be set for deportation, failing which a foreigner could be released on fulfilling the conditions.

Meanwhile, Mehta expressed that the grant of such relief must not amount to encouragement. The people crossing over illegally must not think that even if caught, they will be released after six months in detention, he added.

He further replied to the CJI’s direction to stop that saying efforts were on and technology was being used to check illegal migrants where there was no physical fencing.

The CJI said, “You have options. Deport them. You are not doing it. You are only showing us some envelopes.”

The Supreme Court was hearing a PIL highlighting the plight of foreigners in the detention centers, which the plea was originally filed by activist Harsh Mander.

After being questioned on the set up of foreigners tribunal by the bench, Mehta said that at least 1,000 more tribunals will have to be set up, but the court asked where the government would find the presiding officers from. It also sought to know how many advocates would take up the job which was only for a fixed term. To this Mehta said that it was considering recruiting retired judicial officers.