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2019 Supreme(Online)(SC) 994
SUPREME COURT OF INDIA
Sanjiv Khanna, CJI
SUPREME COURT LEGAL SERVICES COMMITTEE – Appellant
Versus
UNION OF INDIA – Respondent
Writ Petition (Civil) No. 1045/2018
For the Appellants/Petitioners: Mr. Gourab Banerji, Mr. Prashant Bhushan
For the Respondents: Mr. Tushar Mehta, Ms. Aishwarya Bhati, Ms. Binu Tamta, Mr. B.V. Balaram Das, Mr. Shuvodeep Roy, Ms. Diksha Rai, Ms. Palak Mahajan, Mr. Rajat Nair, Mr. Ankit Roy, Mr. Rijuk Sarkar, Ms. Manreet Kaur, Ms. Uttara Babbar, Mr. Manan Bansal, Mr. Debojit Borkakati, Mr. Vivek Sonkar
The Court established guidelines for the release of long-detained foreigners under specific conditions while addressing the need for additional Foreigners Tribunals in Assam.
Headnote:In the matter concerning deportation of declared foreigners and the establishment of additional Foreigners Tribunals in Assam, the Court directed the State to report on diplomatic progress and submit a detailed scheme for tribunal constitution and member appointment. The Court also ordered the release of detenues who have served over three years under specific conditions, including bond execution and biometric data capture. The matter is to be revisited in July 2019.
UPON hearing the counsel the Court made the following
ORDER
We have heard learned counsels for the parties.
Insofar as the larger issue, namely, deportation of declared foreigners and setting up of additional Foreigners Tribunals in the State of Assam is concerned, upon hearing Mr. Tushar Mehta, learned Solicitor General, appearing for the State of Assam, we are of the view that the State should be given some further time to indicate the progress made on the diplomatic level etc.. Further, we would require the State to place on record a detailed scheme, in consulation with the Gauhati High Court (on the administrative side), with regard to the constitution of Foreigners Tribunals including appointment of Members, staff etc. The said details shall be placed on record as soon as possible and if required, the State will be at liberty to make a mention of the matter before the Vacation Bench.
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 release;
(c) Biometric of his/her iris (if possible) and all ten fingerprints and photos shall be captured and stored in a secured database before release from the detention centres. He or she shall report once every week to the Police Station specified by the Foreigners Tribunal;
(d) He or she shall notify any change of his or her address to the specified Police Station on the same day, and (e) A quarterly report to be submitted by the Superintendent of Police (Border) to the Foreigners Tribunal regarding appearance of such released declared foreigner to concerned Police Station and in case of violation of condition, the DFN will be apprehended and produced before Foreigners Tribunal.
Matter be listed in the month of July, 2019 unless otherwise mentioned by the learned counsel for the State.
