Supreme Court Declines to Hear Plea Challenging Assam Deportation Policy, Refers Petitioner to High Court

The Supreme Court of India has declined to entertain a petition challenging the Assam government’s policy of deporting individuals declared as infiltrators to Bangladesh. The court advised the petitioner to approach the High Court for relief instead.

One petitioner, Yunus Ali, expressed personal anguish, stating that his mother was allegedly deported to Bangladesh without due legal process. He claimed he has no information on her current whereabouts. The Supreme Court has agreed to hear the matter next week, offering a glimmer of hope for a detailed review.


Details of the Petition

On May 30, a bench comprising Chief Justice Bhushan Ramakrishna Gavai, Justice Augustine George Masih, and Justice A.S. Chandurkar heard Yunus Ali’s petition. Ali alleged that his mother, Monowara, was unlawfully detained by the Assam Police.

Based on arguments presented by his lawyer, Advocate Shoaib Alam, the court scheduled the matter for a hearing on June 2, and the petitioner has sought her immediate release.


Allegations of Illegal Deportation

According to the petition, on May 24, Monowara was summoned to the Dhubri police station to record a statement. However, she was allegedly detained and deported without court approval or notification to her family. Advocate Alam told the court that such instances were becoming increasingly common in Assam, where people are being picked up and deported overnight while their legal cases remain pending.

Alam highlighted that Monowara had filed a Special Leave Petition (SLP) in 2017, on which notices had been issued by the court. Despite this, she was reportedly deported in violation of due legal procedure.


Claims of Human Rights Violations

Several videos have surfaced, the petition notes, showing individuals being forcefully taken to the border and expelled without notice. Monowara had been out on conditional bail since December 12, 2019, based on a Supreme Court directive allowing the release of detainees who had spent more than three years in Assam’s foreigner detention centers.


Dispute with Police and Lower Court Orders

Yunus Ali further claimed that when he visited the police station the next day to report that his mother’s case was still pending before the Supreme Court, he was denied access to her and told that her release was not possible.

The petition also challenges a decision by the Guwahati High Court, which had upheld a Foreigners Tribunal ruling declaring Monowara as a foreign national. The petitioner argues that the tribunal’s verdict was flawed and that the High Court failed to correct it.


Next Steps

While the Supreme Court has deferred a detailed hearing to next week, this case adds to growing concerns over the legality and human rights implications of Assam’s deportation practices, especially when judicial reviews are still ongoing.

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