Guwahati: The Supreme Court on Monday declined to admit a petition filed by the All B.T.C. Minority Students’ Union (ABMSU), which raised concerns about the Assam government’s alleged indiscriminate campaign to detain and deport people suspected of being foreigners.
A bench comprising Justices Sanjay Karol and Satish Chandra Sharma advised the student body to move the Gauhati High Court for appropriate legal remedies.
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“Please go to the Gauhati High Court. We are dismissing this (petition),” the bench stated during the brief hearing.
In its writ petition, ABMSU, an organisation based in Assam’s Bodoland region, challenged what it described as a troubling pattern of informal “push back” operations in border districts like Dhubri, South Salmara, and Goalpara.
The group alleged that authorities have been deporting individuals without obtaining orders from Foreigners Tribunals, without verifying nationality through the Ministry of External Affairs, and without ensuring the affected persons are aware of their right to appeal or seek legal recourse.
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Filed through advocate Adeel Ahmed, the petition argued that the ongoing actions by the Assam Police and administrative authorities bypass constitutional safeguards and judicial oversight, particularly those enshrined under Articles 14, 21, and 22 of the Constitution.
The group also cited the Supreme Court’s ruling in the “Re: Section 6A of the Citizenship Act, 1955” case, arguing that the current approach violates binding legal precedent.
ABMSU warned that such practices risk rendering numerous Indian citizens, particularly from poor and marginalised communities, stateless, especially those declared foreigners ex parte or those lacking access to legal aid.
The organisation urged the court to declare such deportations unconstitutional in the absence of due process, including judicial declarations, MEA verification, and exhaustion of legal remedies.
It also sought the involvement of bodies such as the National Human Rights Commission (NHRC) and legal services authorities to safeguard the rights of affected individuals.