PLEA IN SC CHALLENGES ASSAM’S PUSH-BACK POLICY OVER ALLEGED ILLEGAL DEPORTATIONS:

A writ petition has been filed in the Supreme Court challenging the 'push-back policy' adopted by the Assam Government to address infiltration from Bangladesh. The petition, filed by the All BTC Minority Students Association (ABMSA), alleges that the State Government is arbitrarily pushing genuine Indian citizens to the Bangladesh border without adhering to the due legal process, under the pretext of deporting illegal migrants. Advocate-on-Record Adeel Ahmad mentioned the matter before a bench comprising Chief Justice of India BR Gavai and Justice AG Masih, seeking an urgent listing of the case.

He submitted, "I have filed a writ petition as well, challenging the pushback policy of Assam, because this entire deportation exercise is being done." The writ petition, filed by the All BTC Minority Students Union (ABMSU), contends that there has been a grave violation of fundamental rights in the alleged deportation of Indian citizens "under the guise of implementing the Order dated 04.02.2025 passed by this Hon'ble Court."

Significantly, on February 4, a bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan directed the State of Assam to immediately begin the process of deporting 63 declared foreigners, whose nationality had been confirmed. In that specific case, the Ministry of External Affairs and the Government of Bangladesh had verified the nationality of all 63 individuals as Bangladeshi.

However, the present plea asserts that, cloaked under the Supreme Court’s February 4 order, the "State of Assam has reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners, even in the absence of Foreigners Tribunal declarations, nationality verification, or exhaustion of legal remedies." According to the petition, this alleged 'Push Back Policy' of the Assam Government violates Articles 14, 21, and 22 of the Constitution.

Furthermore, it is argued that the policy runs counter to the Supreme Court’s ruling in In Re: Section 6A of the Citizenship Act, 1955, where the Court, by a 4:1 majority, upheld the constitutional validity of Section 6A, which incorporates the Assam Accord into law. In this landmark judgment, the Court observed that, "No person, whether declared foreigner or suspected to be one, can be deported unless and until such person has had the opportunity to exhaust the remedies available under law, including appeal or review. Deportation cannot be enforced based solely on executive suspicion or extrajudicial communication." The Court had also emphasized the importance of preventing statelessness, particularly when there are uncertainties regarding an individual's nationality, stating that, “In cases of doubt, the presumption must favour the individual, consistent with Article 21 and the doctrine of fairness.”

The plea further stresses that "Despite these safeguards, individuals are being detained and deported without communication of Foreigners Tribunal orders, without nationality verification by the Ministry of External Affairs, and in many cases, without even being informed of their right to seek review or appeal."