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A PIL was filed by the immigrants who were held in detention centers in Assam requesting humane treatment of them, the state was asked furnished details of the number of such inmates and information relating to them by the Supreme Court. The information relating to how many inmates are declared foreigners and how many have been duly deported was asked by the Chief Justice Ranjan Gogoi.
The government of Assam through its advocate ASG Tushar Mehta has insisted that it was not merely on the basis on suspicion but the detention in these centers had only individuals who are declared as foreigners. Representing the petitioner Harsh Mander the advocate Prashant Bhushan has advanced that even after their sentence has been served, just because there was lack of adequate provisions for their deportation the individuals cannot be detained.
An affidavit was directed by the court to file which should be consisting of the following details within a period of 3 weeks;
Many migrants from various parts of India and even from the neighboring countries has confronted Assam with the problem of illegal immigrants leading to maintaining an update of National Register of the Citizens which has been undertaken in accordance to the Assam Accord. As per the directions of Apex court which was monitoring the process.
The Government of Assam meanwhile has been engaged in the detaining of those individuals who are declared as foreigners by Foreigners Tribunals and pending their deportation. The document titled “White Paper on Foreigners Issue” under which detention was happening was justified by the Home and Political Department of Assam Government that they are just ensuring that these individuals do not perform any act of vanishing.
The petition by Mander who is the founding member of campaign Aman Biradari for peace and justice has come to the court seeking the enforcement of the fundamental rights under Article 14 and 21 of Indian Constitution on behalf of the detained people. They were detained just because one of the one-hundred Foreigners Tribunal in Assam have declared them as foreigners or they were in pending deportation after they served their sentence for illegally entering India.
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