The Supreme Court on Wednesday expressed sharp disapproval of the Assam government for submitting what it called a “defective” affidavit concerning the detention of 270 foreigners at the Matia transit camp. The court observed that the affidavit failed to provide adequate reasons for the detentions and lacked details on steps taken for their deportation. A bench comprising Justices Abhay S Oka and Nongmeikapam Kotiswar Singh directed Assam’s Chief Secretary to appear via video-conferencing at the next hearing to explain the non-compliance.
On December 9, the court had granted six weeks for the state to file a comprehensive affidavit. It had expected the document to justify the continued detention of foreign nationals and outline measures for their repatriation. However, the bench noted that the affidavit neither explained the detentions nor specified the deportation actions. “This is a gross violation of this court’s orders. The affidavit does not justify the detentions or clarify the steps taken for deportation. The Chief Secretary must explain the lapses,” the bench remarked. The state’s counsel argued that individuals were detained only after being declared foreigners by the tribunals and explained the deportation mechanism. However, the court raised concerns about why detentions were ongoing without any concrete progress in deportation efforts.
Adding to the court’s dissatisfaction, the state counsel claimed the affidavit was confidential and should remain sealed. The bench challenged this assertion, asking, “What is confidential about the affidavit? Why shouldn’t this information be transparent?” While the court agreed to keep the affidavit sealed for now, it expressed skepticism about the claim of confidentiality. Earlier, the Supreme Court had directed the Assam State Legal Services Authority to conduct surprise inspections at the Matia transit camp to assess hygiene and food quality. The bench had also emphasized the need for immediate action on deporting detainees, prioritizing those who had been held for over two years.