New Delhi: The Supreme Court has asked the government to explain “the idea” of keeping hundreds of illegal Bangladeshi immigrants in detention camps for an indefinite period of time after they have completed their term of sentence under the Foreigners Act, 1946.
A bench of Justices J.B. Pardiwala and R Mahadevan also sought data about illegal immigrants, as on date, in various detention camps/correctional homes after being convicted and having undergone the entire sentence under the Foreigners Act.
The Justice Pardiwala-headed Bench was considering whether an illegal immigrant from Bangladesh, who has completed his term of sentence under Section 14A(b) of the Foreigners Act should be immediately repatriated to his own country or should be kept for an indefinite period in the correctional homes in India.
“The only confusion in our mind is that once an illegal immigrant is put to trial and is held guilty, then what is the requirement for further verification of his nationality at the end of the Ministry of External Affairs,” the apex court said.
The Calcutta HC had taken a suo moto cognisance of the issue after a letter was addressed to the Chief Justice highlighting the plight of illegal immigrants from Bangladesh who after being convicted for the offence under the Foreigners Act were being kept confined to correctional homes.
In its order, the Supreme Court said that though the proceedings were transferred to the apex court, “almost 12 years have passed by, but till this date, there is no further progress”.
In 2009, the Union Home Ministry had issued a circular directing the Chief Secretaries of all state governments and Union Territories that till the nationality of illegal immigrants is confirmed, they may be kept in detention centres set up/to be set up in the States/UTs concerned.
Questioning the above clause of the Centre’s circular, the bench said: “We would like to understand from the respondents that once an illegal immigrant from Bangladesh has been convicted for the alleged offence is it not established that he is not a citizen of India. What is the idea of keeping hundreds of such illegal immigrants in detention camps/correctional homes for an indefinite period of time?”
It asked why another clause of the same circular directing completion of deportation, verification etc. within a period of 30 days “is not being strictly complied with”.
“We would also like to know from the state of West Bengal whether they have any role to play in this litigation. We would also like to know from the Union of India what is expected of the state of West Bengal to do in these types of matters,” it added.
The top court said that the Union government “owes an answer” to all the questions put forth by it and granted one last opportunity to both the Union as well the West Bengal government to place their stance on record by way of an appropriate report or an affidavit explaining all the relevant aspects of the matter.
Asking the Centre to furnish the latest data, the SC said: “At the relevant point of time, when the petition was filed, it appears that there were almost 850 illegal immigrants detained in the correctional homes. We would like to know the figure as on date. How many illegal immigrants, as on date, are in various detention camps/correctional homes after being convicted and having undergone the entire sentence under the Foreigners Act?”
The matter will be heard next on February 6.
(IANS)
