GUWAHATI, June 7: Assam Chief Minister Himanta Biswa Sarma has confirmed a significant change in the state’s approach towards the identification and deportation of undocumented immigrants, with the government set to intensify its “pushback” process. This move follows recent developments in the Supreme Court, which clarified legal provisions regarding the expulsion of foreigners from the state.
Addressing the media on Saturday, Sarma stated that the state government had revisited legal frameworks in response to the Supreme Court’s hearing on Clause 6A of the Citizenship Act, currently under review by a constitutional bench. The Chief Minister explained that the apex court had made it clear that Assam is not legally bound to seek judicial approval every time it seeks to identify or expel foreigners. Sarma pointed out that the Immigrants (Expulsion from Assam) Order, 1950, still remains in force, empowering district commissioners (DCs) to issue expulsion orders without court intervention.
“Unfortunately, our legal advisors had not informed us of this provision earlier, and we were unaware of its applicability,” Sarma said. He further noted that this revelation would now allow the state government to accelerate the process of foreigner identification, which had slowed due to ongoing issues surrounding the National Register of Citizens (NRC).
The Chief Minister also indicated a shift in the process for handling identified foreigners. “From now on, when someone is identified as a foreigner, we may not necessarily send them to a tribunal. Instead, we will implement repeated pushbacks, particularly in cases that are not currently pending in court,” Sarma explained. He added that preparations for this renewed phase of pushbacks had already been in the works for the past few days.
Sarma further confirmed that pushbacks had already begun in certain cases and more would be carried out as the list of identified individuals grows. This decision marks a significant policy shift and is expected to expedite the expulsion process for undocumented immigrants in Assam.
