New Delhi: The Supreme Court on Friday expressed concern at appalling conditions in detention centre in Assam, saying there are no proper toilets, no medical facilities etc.
A bench comprising Justices Abhay S Oka and Augustine George Masih asked a counsel, representing the state government, who is responsible for providing amenities, the central government or the state government? The counsel said he has instructions only regarding the deportation. Senior advocate Colin Gonsalves, representing the petitioner, said the facilities are very poor and it is a deportation centre with 3,000 people.
"They must go there and meet the people, like NHRC did…”, said Gonsalves. Justice Oka asked the state government to take instructions on who is responsible for providing amenities in the deportation centre. Individuals with doubtful citizenship and deemed foreigners are kept in the detention centre.
Gonsalves said the state wanted to deport 17 people but they did not give us the list and added, “We thought these were voluntary deportation. Now we have heard from lawyers in Assam that some of the persons, who are proposed to be deported, actually have their cases pending in the High Court".
Gonsalves said the state must check whether they are deporting people whose cases are pending before the courts. "No legal aid is provided from the High Court to the Supreme Court….and they must tell us whether it is voluntary or involuntary and whether the Bangladesh government has agreed…," said Gonsalves.
Justice Oka said first the court wants to examine the issue of facilities and added that he has examined the report on the status of facilities in transit camps. "We find that facilities are very poor. There is no adequate water supply, there is no proper sanitation system. There are no proper toilets. The report does not speak about facilities of food and medical health….," said Justice Oka.
The bench directed the secretary of Assam State Legal Service Authority to ensure one more visit is made to ascertain not only the facilities mentioned in the report but also ascertain the quality and quantity of food served and the cleanliness maintained in the kitchen, and also medical facilities.
"The secretary shall submit a fresh report within three weeks from today…," said the bench, and also asked the Union of India to file a response on deportation within three weeks.
The bench asked state government counsel to see the report by the Assam State Legal Service Authority. The apex court was hearing a plea filed by Rajubala Das. Earlier, the top court had asked the Centre to take immediate steps to deport 17 declared foreigners detained in transit camps of Assam. The Supreme Court had also asked an official of Assam State Legal Service Authority to visit the detention centre to find out the nature of the facilities available there.
