| - State has deportation power: Centre | ||
| UMANAND JAISWAL | ||
Guwahati, May 20: Dispur had the power to deport foreigners since 1958, but did not realise it till the Centre today apprised Gauhati High Court that the government has “full powers” to identify, detect and deport any illegal migrants under provisions of the Foreigners Act, 1946. Dispur had earlier contended before the court, which is hearing several cases relating to deportation of illegal foreign nationals, that no such power was vested in the state government. The Centre’s stand was conveyed through an eight-page affidavit filed by the deputy secretary in the ministry of home affairs, Ajay Kanoujia. He said the powers were vested in the state governments/Union Territories through a notification issued by the ministry of home affairs on April 19, 1958. Four such cases were listed for hearing today by Justice B.K. Sharma. On May 5, Justice Sharma ordered the personal appearance of Union home secretary Madhukar Gupta and Assam home commissioner Rajib Bora to submit before the court the detailed “procedure, manner and method of deportation of foreign nationals” from the state. Dismissing Dispur’s contention on deportation as “not correct”, the affidavit stated that the Centre has been issuing instructions from time to time to all governments for detection and deportation of Bangladeshi nationals found to be staying illegally in India and to make concerted efforts to identify and deport them back to their country. Central government counsel Nitu Hawelia said the ministry of home affairs, through the affidavit, has furnished guidelines and procedures of deporting Bangladeshi nationals living in India, including Assam, though he did not elaborate. The ministry of home affairs has, however, admitted in the affidavit that it is difficult to deport a Bangladeshi if he does not disclose his address and other particulars in that country even after he has been proved to be a foreigner. “Only after such details are made available, the issue of deportation and nationality verification can be taken up with Bangladesh,” Kanoujia stated. Echoing the Centre, Dispur has said those who cannot be deported are kept in custody and that the state government has submitted a proposal for establishing detention camp to keep the illegal foreigners till the deportation process is completed. The Centre also disclosed that Dispur, through a January 1 notification, began obtaining photographs and fingerprints of foreigners entering state as well as those declared foreigners. It has adopted a multi-pronged approach to check influx from Bangladesh, through construction border fences, roads, floodlights, round-the-clock surveillance by BSF, induction of hi-tech surveillance equipment and setting up of 1,185 border outposts. Given the gravity of the matter, Justice Sharma has directed the personal appearance of the home secretary on June 2 to further clarify the court’s queries on deportation, even though Kanoujia had prayed for his exemption. | ||
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