Assam Government Plans to ‘Push Back’ Foreigners Without Foreigners Tribunals: CM Himanta Biswa Sarma


Assam Chief Minister Himanta Biswa Sarma announced that the state government is examining legal options to deport suspected foreigners directly to Bangladesh without routing their cases through the existing Foreigners Tribunals.

Speaking to reporters on Saturday, CM Sarma cited the Immigrants (Expulsion from Assam) Order of 1950, which predates the establishment of Foreigners Tribunals in the state. He said that the Supreme Court, while hearing the validity of Clause 6A of the Citizenship Act, had remarked that this law remains in force — and gives District Commissioners (DCs) the authority to issue pushback orders.

“When the Supreme Court discussed Clause 6A, it said Assam doesn’t always need judicial approval to act on foreigners. This 1950 order allows immediate pushback by the DC. We were unaware of this until recently, but now we are examining it,” Sarma stated.

The announcement comes a week after the Chief Minister confirmed that Assam had started “pushing back” individuals who had already been declared foreigners by the Foreigners Tribunals. This action was taken in response to a February 4 Supreme Court order, which criticized the state for not initiating deportation of detainees lodged at the Matia detention centre.

However, civil rights groups and opposition parties have raised serious concerns, stating that these “push backs” may bypass legal safeguards and violate international norms on deportation.

Sarma added that the NRC (National Register of Citizens) process, which had delayed the identification of foreigners, will now resume at a faster pace. “Now, once someone is identified as a foreigner, we won't send them to a tribunal—we’ll push them back. Preparations are ongoing,” he said.

Currently, Foreigners Tribunals are quasi-judicial bodies that determine a person's nationality—typically after referrals from border police or if an individual is marked as a ‘D-voter’ (Doubtful Voter). Those declared foreigners can appeal to the Gauhati High Court and the Supreme Court.

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