Assam NGO appeals to CJI to release 'declared foreigners' from detention centres

An NGO in Assam has appealed to the CJI SA Bobde to direct immediate release of 'declared foreigners' from detention camps in Assam in the wake of the coronavirus outbreak. They also asked for an order to the Assam govt to not detain any 'declared foreigner' till the situation returns to normal.

Guwahati: Justice and Liberty and Initiative, an organisation in Assam which provides legal aid to Indian citizens to prove their citizenship, has appealed to the Chief Justice of India, SA Bobde, to direct immediate release of 'declared foreigners' from 6 detention centres and Assam and has asked for an order to the Assam government to not detain any 'declared foreigners' presently till the situation affected by COVID-19 returns to normal.

"Being human beings they also have at least the basic right to live and to not die of COVID-19 in the precincts of a prison, which has despicable living conditions," read the representation sent to the CJI. It also cited the recent order of the apex court directing the states and UTs to prepare a list of prisoners who could be released on parole or furlough basis to contain the outbreak of COVID-19 in vulnerable and over crowded prisons.

The Organisation contended that many of the detainees are old and ailing (COVID-19 affects them more severely) and too poor to afford the legal services or have rich friends to stand as surety. It cited the Supreme Court's 10th May,2019 order which had directed the state to release prisoners who had completed more than 3 years in detention on fulfilment of certain conditions including deposition of Rs 1 lakh as a bond of sureties.

"In the circumstances, it would only be fair and proper that this Hon'ble court in its magnanimity to allow release of such detainees and dilute the condition of financial surety," pleaded the organisation.

Highlighting the failure of government in deporting the prisoners back to their country of origin, the organisation contended, citing the affidavit filed by Assam government, that since 13th march,2013 only 4 'declared foreigners' had been deported to their country of origin. It said that many were detained for around a decade but haven't been deported back to their alleged country of origin. "Hence, detaining 'declared foreigners' when deportation is not foreseeable is unreasonable. Hence, they may be released from detention centre," reasoned the organisation for the release and not detaining anybody presently.

Citing Article 21, which grants protection of life and personal liberty, the organisation contended that the right is not just available to the citizens but aliens as well and therefore even a foreigner can claim the right under Article 21.