1. Infiltration of foreign nationals into bordering states — proceedings to check infiltration and deport illegal inhabitants. (Para 1 , 2 )
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1999 Supreme(SC) 528
SUPREME COURT OF INDIA
A. S. Anand, CJI., M. Srinivasan, N. Santosh Hegde, JJ.
ALL INDIA LAWYERS FORUM FOR CIVIL LIBERTIES AND ANOTHER, PETITIONERS
Versus
UNION OF INDIA AND OTHERS, RESPONDENTS.
Writ Petition (C) No. 125 of 1998,
decided on April 19, 1999.
The court emphasized that illegal infiltration is a serious concern, directing the Union and bordering states to take effective measures to prevent such infiltration and deport illegal infiltrators.
Headnote:(A) Constitutional Law - Illegal Infiltration - Prevention and deportation of illegal infiltrators - The presence of illegal infiltrators in certain regions is a matter of serious concern - Union and bordering states are expected to take effective steps to check infiltration and deport illegal infiltrators. (Para 2)
Facts of the case:
A petition was filed regarding the infiltration of foreign nationals into the country. A state government submitted an affidavit detailing the causes of such infiltration, which the central government is to verify and seek further instructions upon.
Findings of Court:
The court observed that the infiltration of foreign nationals and their presence in certain regions is a matter of serious concern. It expressed the expectation that the central government and the states bordering the foreign nation would take effective steps to prevent infiltration and deport illegal infiltrators.
Issues: The primary issue is the necessity for the central government and bordering states to implement effective measures to check illegal infiltration and deport illegal infiltrators.
Ratio Decidendi: The court held that the Union and the states bordering the affected international boundary must take effective steps to check infiltration and deport illegal infiltrators to address the serious concern of illegal presence in the country.
Result: Matter adjourned by 8 weeks and notices issued to other bordering states.
Legal Category Hierarchy
Table of Contents
2. State submission on causes of infiltration — Union of India's request to verify facts and seek further instructions. (Para 1 )
3. Infiltration of foreign nationals and their presence in certain regions is a matter of serious concern requiring effective prevention and deportation. (Para 2 )
4. Executive responsibility of the Union and bordering states to prevent illegal infiltration and deport illegal infiltrators. (Para 2 )
5. Matter adjourned for eight weeks — notice issued to bordering states to file responses. (Para 2 , 3 )
6. What is the court's view on the infiltration of foreign nationals?
The court considers the infiltration of foreign nationals and their presence in certain regions of the country to be a matter of serious concern. (Para 2 )
7. What actions does the court expect from the Union and bordering states regarding illegal infiltration?
The court expects the Union of India and states bordering the source of infiltration to take effective steps to check infiltration and deport illegal infiltrators. (Para 2 )
8. What procedural directions were issued regarding the involvement of other states?
The court directed that notice be issued to the states of Assam, Meghalaya, Tripura, and Mizoram, requiring them to file their responses by the next hearing date. (Para 3 )
ORDER
1. The State of West Bengal has filed an affidavit in which some of the causes for the infiltration of Bangladeshi inhabitants have been pointed out. The learned Additional Solicitor General appearing for the Union of India submits that he would verify the facts as contained in the affidavit of the State of West Bengal and seek further instructions in the matter from the Union of India.
2. The matter of infiltration from Bangladesh and the presence of the infiltrators in certain regions in this country is a matter of serious concern. We hope that the Union of India and the States bordering Bangladesh will take effective steps to check infiltration and deport illegal infiltrators and inform the Court about those steps to prevent infiltration and to deport the illegal infiltrators. At the request of the learned counsel for the parties, the matter is adjourned by 8 weeks.
3. We consider it appropriate to direct that notice be issued also to the States of Assam, Meghalaya, Tripura and Mizoram. Copy of the petition shall be sent along with the notice to these States and they shall be asked to file their response by the next date of hearing.
Court Masters
