Assam cabinet approves standard operating procedure for expulsion of 'foreigners'

Guwahati, Sep 9 (PTI) The Assam cabinet on Tuesday approved the standard operating procedure (SOP) for removal of 'foreigners' under the Immigrants (Expulsion from Assam) Act, 1950, Chief Minister Himanta Biswa Sarma said.

The district commissioner and the additional district commissioner of a co-district have been empowered by the Centre under the Act to serve a 10-day notice period to suspected foreigners to provide documents necessary to prove their citizenship, Sarma said at a media briefing here.

''If the DC or ADC is convinced that the person is a foreigner, the expulsion order will be issued on the 10th day itself,'' he said.

This process will bypass the Foreigners' Tribunals (FTs), and be a much faster and easier way for the Assam government to push back foreigners, he said.

If, however, the official concerned cannot take a ''prima facie decision and is confused'', the matter will be sent to the Foreigners' Tribunal, the CM said.

The decision to issue an SOP was taken following an order passed by the Supreme Court's constitutional bench, headed by Justice Surya Kant, and directives from the Ministry of Home Affairs, Sarma said.

“The cabinet has approved the framing of an SOP under the Act to guide the district commissioners and senior superintendents of police (SSP) to expel illegal migrants from Assam, and tackle the unabated illegal immigration from neighbouring countries, thereby safeguarding the indigenous people,” he said.

If the DC or ADC receives information from the police or any other source that a person is suspected to be an illegal immigrant, he will direct the person to produce evidence of his citizenship within 10 days.

Sarma said if the official finds that the evidence submitted is not sufficient/satisfactory to prove citizenship of India, he will record his opinion in writing, identifying the person to be an illegal immigrant, which shall consist of a concise statement of facts and the findings with reasons.

The official will pass an expulsion order under Section 2(a) of the Act, with the direction to remove the illegal immigrant from Assam by giving 24 hours’ time and by the route so specified by him, he said.

''In case of Doubtful Foreign Nationals (DFNs) identified by the FTs, the DC will pass an expulsion order, since in their case no identification process is required if they have already exhausted remedies available by approaching the high court and the Supreme Court,'' the CM said.

The 82,000 cases already pending in the FTs will, however, not be considered by the officials, he said.

''Once a person is identified as an illegal immigrant and has been ordered to leave the state, the DC will refer the illegal migrant to the SSP concerned for capturing their biometrics and demographic details on the Foreigners Identification Portal,'' Sarma said.

If the illegal migrant does not remove himself despite the expulsion order, the DC, as per the Act, with the assistance of the SSP concerned, shall either keep such a person in the holding centre and or hand him over to the border guarding force nearest to him for expulsion, he said.

Illegal immigrants, if detected near the ‘zero line’, or within 12 hours from his/her entry in the state, will be pushed back immediately without any further process.

''The Act nullifies the role of the FTs, and no new cases will be referred to these though they will deal with the cases pending with it,'' Sarma said.

The CM said once it has been established that a person is a foreigner, his/her name will be deleted from the voters’ list and properties seized.

Sarma also blamed the Congress for setting up the FTs after the repeal of the Illegal Migrants (Determination by Tribunals) Act in 2005 by the Supreme Court, following a writ petition filed by Union Shipping Minister Sarbananda Sonowal, who was then an AGP MP.

The chief minister claimed that 30,128 foreigners have so far been pushed back. He, however, did not specify the period, but added that every week, “30-40 are being sent back”.

Meanwhile, the cabinet also approved a financial assistance of Rs 5 crore to Himachal Pradesh from the Chief Minister's Scheme for Public Emergency, Assam, to alleviate the suffering caused by monsoon rains in that state.

Besides, it gave the go-ahead for the correction of pay anomalies of 20 physiotherapists, speech therapists, accountants and cashiers of Jorhat Medical College and Hospital.

The cabinet also approved the amendment of the Assam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020, to align it with the state's agricultural marketing system, and enhance market access for small and marginal farmers. PTI DG RBT