Himanta Biswa Sarma invokes 1950 law to fast-track deportation, bypassing foreigners tribunal

Guwahati: Assam chief minister Himanta Biswa Sarma said that for identification of illegal immigrants it does not require to go the foreigner’s tribunal and Supreme Court in one of its orders has stated that Immigration expulsion order is still in force and as per this law Deputy Commissioner can immediately order push back of illegal immigrant.

Sarma while talking to media people said, “The constitutional bench of Supreme Court while hearing the 6A of the citizenship Amendment Act has stated that it is not always necessary for the Assam government for deportation of foreigners to go to the foreigner’s tribunal. The Immigrants (Expulsion from Assam) Order, 1950 — is an old law and the Supreme Court has stated that this law is still in force.”

He added, “As per the law, the Deputy Commissioner can order expulsion of foreigners. We did not know about this provision and our lawyers had not informed us about this provision.”


He added, “The whole thing will be discussed. Push back will continue and identification of foreigners which was on halt due to the National Register of Citizens (NRC) update will now gain momentum and the process will be expedited . The moment one is identified we will not send the same to foreigners’ tribunal we will push them back.”

Sarma had recently said that only declared foreigners are being pushed back as per the law.

A video had emerged in the 'no man’s land' along the Indo-Bangladesh border in Assam’s South Salmara Mankachar district,
Where Khairul Islam’s claimed that he is an Indian national and being deported to Bangladesh. Islam was among nine persons arrested by Morigaon police on May 24 in a crackdown on illegal immigrants declared by the Foreigners’ Tribunal, but who had been avoiding deportation.

Sarma had said, “In meeting with SPs in Dergaon we have decided that we will fast track the process of detection of foreigners”.

Islam was declared a foreigner by the Foreigners Tribunal in 2016, a decision he challenged in the Gauhati High Court. The High Court upheld the FT’s ruling, leading to his detention in 2018.

Family members of Islam said that appeal against the FT decision is pending before the Supreme Court.