Guwahati, June 3: The Supreme Court on Monday refused to entertain a writ petition challenging alleged mass deportations and “push back” operations by Assam authorities, advising the petitioners to instead approach the Gauhati High Court.
The plea was filed by the All BTC Minority Students Union (ABMSU), highlighting a growing pattern of indiscriminate detentions and extrajudicial deportations in border districts like Dhubri, South Salmara, and Goalpara. The petition argued that the ongoing deportations violate Articles 14, 21, and 22 of the Constitution and ignore legal safeguards previously mandated by the apex court.
However, the Bench of Justice Sanjay Karol and Justice Satish Chandra Sharma made it clear that the Supreme Court was not the appropriate forum for the initial hearing. “Why are you not going to the Gauhati High Court?” Justice Sharma asked. Despite Senior Advocate Sanjay Hegde’s contention that the petition involved matters pending before the Supreme Court, the Bench was unconvinced.
“Sixty-nine people are being deported… Please go to the Gauhati High Court. We are dismissing,” Justice Sharma stated. Justice Karol concurred, reiterating that the petitioner could seek relief in the High Court.
The petition—filed through Advocate-on-Record Adeel Ahmed—stemmed from an earlier Supreme Court order dated February 4, 2025, which authorized the deportation of 63 “declared foreigners” confirmed as Bangladeshi nationals by both the Ministry of External Affairs (MEA) and the Bangladesh government.
ABMSU contended that Assam has gone far beyond the scope of that order, launching a broader and unauthorized deportation drive. The petition cited media reports of individuals being deported without legal process, including the case of Kahirul Islam, a retired schoolteacher allegedly forced across the border, and others like Abu Bakkar Siddik and Akbar Ali, whose families claim they were deported without formal notice or procedure.
“These instances are not isolated,” the petition stated, “but part of an emerging pattern where individuals are detained and deported without Foreigners Tribunal declarations, nationality verification by the MEA, or even an opportunity to appeal.”
The petition sought several remedies, including a declaration that no person may be deported under the February 4 order without a formal tribunal declaration, verified nationality, and a chance to appeal, a judicial declaration that Assam’s “push back” policy is unconstitutional, directives to MEA and FRRO to disclose deportation protocols, an NHRC investigation into post-February 4 deportations, legal aid support for detainees from the Assam State Legal Services Authority (ASLSA), publication of a verified list of individuals marked for deportation.
Despite the urgency flagged in an earlier mention before Chief Justice B.R. Gavai on May 30, the Supreme Court maintained its position: the Gauhati High Court must hear the matter first.
