Assam's New Rule To Bypass Tribunal, Empower Cops To Expel Illegal Immigrants

The Assam cabinet has approved the framing of an SOP under the Immigrants (Expulsion from Assam) Act, 1950, to guide the District Commissioners and senior police officers to expel illegal migrants from the state and tackle illegal immigration from neighbouring countries. 

The Cabinet decision is based on a Supreme Court order, which is seen as bypassing the need for the Foreigners' Tribunals in Assam, where over 82,000 cases are pending till date.

"This implies that while those foreigners who came before 1971 will be considered citizens, those who came after 1971 will be deported," said Chief Minister Himanta Biswa Sarma.

"If the Commissioner receives such information from the police or any other source that a person is suspected to be an illegal immigrant, he will direct the person to produce evidence of his citizenship within 10 days," Mr Sarma said.

If the Commissioner finds the evidence unsatisfactory, he will record his opinion in writing. His note, the Chief Minister added, shall consist of a concise statement of facts and findings, he added.

The current practice in Assam, which has 1971 as the cut off year for people to prove their ancestors were residents of the state, was to refer suspected illegal immigrant cases to foreigner tribunals.

Now, the Commissioner "shall pass an expulsion order under the 1950 law". The illegal immigrant  can be removed within 24 hours by a specified route.

Illegal immigrants, if detected near Zero Line, or within 12 hours of his entry to the state, will be pushed back immediately "without any further process," Mr Sarma said.

After the evacuation order is given, illegal foreigners will be taken to holding centres, from where they will be pushed back at a suitable time, he added. The new process will expedite the extradition process and settle cases within ten days.

"In case of a declared foreign national identified by the FTs, the Commissioner will pass an expulsion order since in their case no identification process is necessary as they may have already exhausted remedies available by approaching the High Court and the Supreme Court," Mr Sarma said.

In a recent judgment, a Constitutional Bench of the Supreme Court said that in Assam the Clause 6 of the CAA and the Immigrants (Expulsion from Assam) Act 1950 will go hand in hand.