ORDER :

1. This matter was heard finally some time back and the judgment was reserved.

2. Later in point of time, the learned Solicitor General of India and the learned Additional Solicitor General of India made a fervent request that the issue in question being very delicate one relating to illegal immigrants from Bangladesh and bilateral ties between two countries, i.e., India and Bangladesh, they be permitted to place some additional materials on record.

3. In such circumstances, we ordered that the matter be renotified to enable the Union of India to place the necessary materials on record.

4. Our order dated 30-1-2025 makes the picture abundantly clear.

We need not reproduce the same.

5. Today, we take notice of two affidavits filed by the Union of India dated 6-5-2025 and 15-5-2025 respectively duly affirmed by one Shri Pawan Kumar, the Under Secretary, Ministry of External Affairs. The two affidavits read thus:-

Affidavit dated 6-5-2025:-

"I. Pawan Kumar, S/o Late Shri Ram Kumar Prasad, aged about 48 years, presently working as Under Secretary, in my official capacity am well conversant with the facts and circumstances of the present matter and am competent to swear this Affidavit on behalf of the Respondent No. 2/ Union of India. I hereby solemnly affirm and state as under:-

1. That in my capacity as Under Secretary (Citizenship) I am conversant with the facts of the case from the official records maintained, which I believe to be true and correct. On the basis of the same, I am acquainted with the facts and circumstances of the case and accordingly competent to swear the present Affidavit.

2. That I have perused the contents of the present petition and I deny each and every averment made, and contentions raised therein except those which are expressly admitted herein.

3. It submitted that the present lis arises from the continued detention of illegal immigrants who have been convicted under the FOREIGNERS ACT , 1946, and thereafter have finished their period of detention. It is submitted that this Hon'ble Court is already seized of the present and ancillary issues raised a number of cases. It is submitted that in particular similar issues have been raised in Supreme Court Legal Services Committee v. Union of India and Another, 2019 SCC Online SC 1797, and subsequently in In Re: Contagion of Covid-19 Virus In Prisons, (2020) 20 SCC 735, wherein this Hon'ble Court has been pleased to issue a number of directions.

4. It is submitted that in the former case, i.e. Supreme Court Legal Services (supra) this Hon'ble Court had occasion to consider the larger issue of deportation of foreigners. In regard to the release of declared foreigners who have been detained pending deportation, this Hon'ble Court was pleased to prescribe specific conditions for the same. It is submitted that the release of such illegal immigrants was made subject to (i) the execution of two sureties, (ii) providing a verifiable address of stay, (iii) biometric data (iv) notification of change of address to the specified Police Station (2) quarterly reports on the appearance of the illegal immigrant to the concerned Police Station. This Hon'ble Court held as follows:

Insofar as the release of detenues who have served long period of detention in the detention centres awaiting their deportation is concerned, we are of the view that detenues who have completed more than three years may be released, subject to the following conditions:-

(a) Execution of bond with two sureties of Rs. 1,00,000/- (Rupees one lakh only) each of Indian citizens;

(b) He or she specifies verifiable address of stay after