New Delhi:The Supreme Court on Wednesday minced no words in slamming the Assam government for not bringing before it, in its written response, reasons for detaining 270 foreigners at the Matia transit camp.
The matter came up before a bench comprising Justices Abhay S Oka and N. Kotiswar Singh. The bench directed the Assam chief secretary to remain present through video-conferencing on the next date of hearing.
During the hearing, the bench told the state government’s counsel that its affidavit was completely defective, as it failed to explain why so many persons were being detained in the camp.
Citing its previous order, the bench sought justification - why persons were being detained in detention centres without even a process being started for deportation? The bench said it is not able to understand any explanation from the state’s affidavit.
"There are 270 foreigners...at the cost of the state, why should these persons be detained?" asked the bench. The state's counsel said the persons were detained only after they were declared foreigners by the foreigners' tribunal.
The bench asked, "Why had the deportation process not begun?" "The affidavit does not give any justification for detaining...steps taken to deport are not set out. This is a gross violation of orders of this court," said the bench, while seeking a virtual presence of the chief secretary to explain the non-compliance of its orders.
The Assam government counsel explained the mechanism of deportation of illegal migrants’. However, the bench, which seemed unconvinced with the state's counsel contention, asked why detentions were continuing without the initiation of the process of deportation.
The Assam government counsel said the affidavit was confidential and should remain sealed. However, the bench, which seemed unimpressed with this submission, said "This shows that the state does not want to come clean. Tell us what is confidential in the affidavit?" The counsel replied that it has details regarding the address of the foreigners’, and these details could go to the media.
The apex court said it had granted six weeks’ time to the state government in the second week of December, last year, to file the affidavit and expected it to give reasons for detaining 270 foreign nationals in the transit camp besides details on the steps taken for their deportation.
After hearing submissions, the top court directed that the affidavit should be kept in a sealed envelope, and added, "prima facie we disagree with the counsel that there is something confidential about the contents".
Earlier, the top court had directed the Assam State Legal Services Authority to conduct surprise visits at the Matia transit camp for foreigners to check the facility's hygiene and food quality. The apex court was hearing a plea in connection with the deportation of persons declared foreigners and facilities at the detention centres in Assam.
