On June 2, 2025, the Supreme Court of India refused to entertain a writ petition challenging the 'push-back policy' of the Assam government aimed at deporting persons identified as illegal immigrants from Bangladesh, with a bench comprising Justices Sanjay Karol and Satish Chandra Sharma advising the petitioners to move the Gauhati High Court for redressal.
The petition filed by All BTC Minority Students Association (ABMSU) alleged that the Assam government was arbitrarily deporting individuals, including genuine Indian citizens, without following due legal procedures. The petition said the state's action violates fundamental rights under Articles 14, 21 and 22 of the Constitution.
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During the hearing, Justice Sharma remarked, "69 people are being deported, please go to the Gauhati High Court." Following this, senior advocate Sanjay Hegde, representing the petitioners, sought permission to withdraw the petition with liberty to move the high court. The Supreme Court dismissed the matter treating it as withdrawn.
The controversy arises from a previous Supreme Court direction dated February 4, 2025, wherein a bench headed by Justices Abhay S Oka and Ujjal Bhuyan had directed the Assam government to initiate deportation of 63 persons declared as foreigners whose Bangladeshi nationality had been confirmed by the Ministry of External Affairs and the Bangladesh government. The ABMSSU petition argued that under the guise of enforcing this order, the state had launched a massive campaign of detention and deportation of individuals without proper verification or legal recourse.
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Chief Minister Himanta Biswa Sarma said that about 30,000 persons declared foreign nationals by various tribunals have gone missing. He emphasised the state's commitment to lawful actions while allowing appeals in higher courts. "Our process is simple - if someone does not appeal to the High Court, his right to stay in India ceases," Chief Minister Himanta Biswa Sarma said.
The Assam Accord of 1985, which has been incorporated in the Citizenship Act through Section 6A, mandates the detection and deportation of illegal immigrants who entered Assam after March 24, 1971. The Supreme Court in a recent verdict upheld the constitutional validity of Section 6A, thereby strengthening the legal framework for such deportations.
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However, while ABMSSU and other organisations argue that the current implementation of the push-back policy disregards due process, potentially rendering Indian citizens stateless, they highlight cases where individuals have been detained without a declaration from a foreigner’s tribunal or nationality verification.
The Gauhati High Court is scheduled to hear related cases, including habeas corpus petitions filed by family members seeking information about the whereabouts of their detained relatives. The next hearing is scheduled for June 4, 2025.
The situation underscores the delicate balance between national security concerns and the protection of individual rights, emphasising the need to follow legal processes in matters of citizenship and deportation.
Case Title: ALL B.T.C. MINORITY STUDENTS UNION (ABMSU) Versus UNION OF INDIA AND ORS., W.P.(C) No. 562/2025
