Understanding Assam’s ‘Push Back’ Drive and Its Challenges

Supreme Court Plea Raises Important Questions

A plea has been made to the Supreme Court. It questions Assam government’s recent actions. The government is detaining and deporting suspected foreigners. But, it’s doing so without following proper legal steps.

Misunderstanding the Supreme Court’s Order

A group called the All BTC Minority Students Union filed this plea. Their lawyer, Adeel Ahmed, is handling the case. The plea talks about a Supreme Court order from February 4. This order asked the state to deport 63 people who were declared foreigners. But, the petition says the state misunderstood this order. Now, the state is detaining people without proper checks. Many of these people haven’t even been declared foreigners by tribunals.

Increase in Informal Deportations

News reports are part of the petition. One report tells the story of a retired school teacher. He was allegedly sent back to Bangladesh without proper legal steps. The petition says this shows a growing trend. More and more people are being deported without any judicial oversight. This could lead to wrongful detention and deportation of poor and marginalized Indian citizens.

Breaking Constitutional Rights

The plea argues that the “push back” policy breaks the Constitution. It specifically mentions Articles 14 and 21. These articles guarantee equality before the law and protection of life and personal liberty. The policy denies people their right to a fair process, legal help, and the right to appeal.

Need for Legal Protection

The petition asks the Supreme Court for clear directions. It wants to make sure no one is deported without a formal declaration by a Foreigners Tribunal. It also wants the Ministry of External Affairs to verify these cases. Another demand is for access to legal help.

Time for a Constitutional Review

The plea urges the Court to say that Assam’s current deportation process is unconstitutional. It argues that this process goes against previous judicial decisions.

Districts Facing This Issue

The petition points out specific border districts. These include Dhubri, South Salmara, and Goalpara. It states that “push backs” are happening in these areas.

Main Points of the Plea

• Questions Assam government’s detention and deportation actions.
• Says there’s a misunderstanding of the Supreme Court order.
• Points out the increase in informal deportations.
• Argues that constitutional rights are being broken.
• Asks for legal protection and a constitutional review.
• Highlights the affected districts.