Deportation only after home country confirms nationality: Centre to Supreme Court

The Union government has informed the Supreme Court that a foreign national whose nationality is unverified cannot be deported unless the home country confirms the person's citizenship and agrees to accept them. The submission was made in an affidavit filed by the Ministry of Home Affairs in response to a plea challenging the indefinite detention of persons declared foreigners in Assam.

The affidavit, filed before the top court, stated: "A foreign national whose nationality is unknown/unverified can be deported to their home country only upon confirmation of their nationality/possession of a valid travel document/acceptance by the home country concerned. The deportation procedure cannot be initiated without nationality verification."

The Centre further explained that a foreign national can be deported by the concerned state government, Union Territory administration, or the Foreigners Regional Registration Office (FRRO) after the completion of any sentence or court proceedings. This is subject to the individual possessing a valid passport or travel document, and no other criminal case pending against them.

"It is necessary to obtain the requisite travel document from the Embassy/High Commission of the country concerned through the process of nationality verification before he/she can be deported," the affidavit added.

The submission comes in response to a public interest litigation (PIL) filed by two Assam-based organisations, which highlighted the situation of persons languishing in detention centres in the state after being declared foreigners by tribunals. Many of these individuals have completed their sentences but remain in detention because their deportation cannot be effected.

The PIL argued that indefinite detention without any prospect of deportation violates fundamental rights guaranteed under the Constitution, including the right to life and personal liberty under Article 21. The petitioners have sought directions for the release of such detainees or a time-bound mechanism for their deportation.

Assam has been grappling with the issue of illegal migration from Bangladesh and other neighbouring countries. The National Register of Citizens (NRC) was updated in 2019, and those who could not prove their Indian citizenship were left out. Many such persons were referred to Foreigners Tribunals, which declared them to be foreigners.

The government's position makes it clear that deportation is a complex process involving diplomatic channels. Without cooperation from the country of origin, removal becomes practically impossible. This has led to prolonged detention for many individuals, raising concerns about their welfare and legal rights.

The Supreme Court is expected to examine the Centre's affidavit and the petitioners' response in the coming hearings. The case highlights the broader challenge of managing undocumented migration while adhering to constitutional safeguards and international human rights standards.

Legal experts note that the principle of 'non-refoulement' under international law prohibits returning individuals to a country where they face serious threats. However, the government maintains that nationality confirmation is a prerequisite for any deportation, and without it, the process cannot be initiated.

The court's decision in this matter could have significant implications for the treatment of declared foreigners in Assam and other parts of the country. It also raises questions about the balance between national security concerns and the rights of individuals caught in legal and administrative limbo.