Assam To Follow 1950 Law To Push Back Illegal Immigrants Without Trial :CM

Guwahati: Assam chief minister Himanta Biswa Sarma here on Monday said that his government has taken a firm decision to continue pushing back illegal immigrants back to Bangladesh following the provisions of Immigrant Expulsion from Assam Act 1950.

Informing that in a renewed crackdown on illegal infiltration, the state government has pushed back 330 individuals identified as illegal immigrants, the chief minister said, “The pushback, was carried out under the provisions of the Immigrants Expulsion from Assam Act, 1950, is part of the state’s reinvigorated approach following a key Supreme Court verdict on Section 6A of the Citizenship Act in 2024.”

He also announced that 35 more immigrants have already been identified and kept ready for push back. “We are waiting for improvement of the prevailing flood situation, they will be pushed back to Bangladesh,” said Mr Sarma.

Responding to a special mention by Leader of Opposition Debabrata Saikia in the state assembly, Mr Sarma said that the Supreme Court’s 2024 verdict, which upheld 1971 as the cut-off for citizenship in Assam, has empowered the state to take direct action without involving the Foreigners Tribunal.

The apex court in its order said that the 1950 Expulsion Act remains valid and operative. In its verdict, the court has clearly stated that the District Commissioner can now evict anyone suspected to be a foreigner,” said Mr Sarma, adding that this marks a significant shift in the legal and administrative handling of illegal immigration in the state.

Mr Sarma also asserted that none of the 330 individuals have come back. “Yes, a few were pushed back despite having pending High Court cases. But through formal and informal diplomatic channels, we have brought them back in compliance with the Supreme Court’s directives,” he said.

The chief minister attributed the delay in issuing rejection slip to a Supreme Court order post-2019, which mandated securing the NRC data before proceeding ahead.

Mr Sarma said that a central agency is currently securing the data through an Information Security Management System (ISMS), and the process is expected to be completed in 8 to 12 months. “Once done, the government will be in a position to issue the NRC rejection or acceptance slips,” he added.

The chief minister also expressed concerns over the final NRC list, pointing to instances of fraudulent registrations and name duplications. “We don’t consider the current NRC to be final. We’ve requested the Centre and the Supreme Court to allow a sample re-verification—20 percent in border districts and 10 percent in others. If no anomalies are found, we will proceed with the list. Only then will people have faith in it,” said Mr Sarma.

Citing the Supreme Court’s ruling in the Rafikul Haque vs Union of India case, Mr Sarma said that NRC inclusion does not offer legal protection if someone is declared a foreigner by the Foreigners Tribunal.

“The SC has clearly stated that inclusion in NRC has no bearing on the Tribunal’s verdict. So, we will continue the detection process even if the person is listed in the NRC,” he said.

Over the recent push back of immigrants to Bangladesh without the order of the tribunal or court, the chief minister clarified, “Under the Illegal Expulsion Act, if a Deputy Commissioner believes someone to be a foreigner, they can be pushed back without approaching the Tribunal.” He asserted that his government was going to take proactive steps to fulfil the commitment of his party to make Assam free from immigrants.