The district court in Assam’s Dhubri district on Tuesday ordered the expulsion of Kayam Ansari, a 30‑year‑old man whose case was adjudicated by the state’s Foreigners’ Tribunal as a “non‑citizen.” The court’s ruling invokes the Immigrants (Expulsion from Assam) Act of 1950, which empowers authorities to remove individuals who are not Indian citizens from the state.
According to the tribunal’s decision, which was made public in February 2024, Ansari failed to provide satisfactory documentary proof of Indian citizenship despite multiple opportunities to do so. The tribunal classified him as a “foreign national” and recommended his removal under the 1950 Act. Following that recommendation, the district court issued a formal order directing the Assam government’s immigration officials to arrange for his exit from India within a stipulated period.
The order cites Section 5 of the Immigrants (Expulsion from Assam) Act, which allows for the issuance of a deportation notice to any person “declared as a foreigner” by a competent authority. The court also directed that the deportation be carried out in accordance with the procedures laid down by the Ministry of Home Affairs, including the provision of a safe passage to the country of origin.
Assam’s Home Department confirmed receipt of the court order and said officials would coordinate with the Ministry of External Affairs to execute the deportation. The department did not disclose the destination country, noting that it would be determined based on the individual’s place of origin as identified in the tribunal’s findings.
Human‑rights groups, including the Assam chapter of the People’s Union for Civil Liberties (PUCL), have urged the authorities to ensure that due process is observed and that Ansari is given an opportunity to appeal the decision. PUCL’s regional secretary, Ranjit Dutta, said, “While the law provides mechanisms for deportation, it is essential that the individual’s right to a fair hearing and access to legal counsel be fully respected.”
Legal experts note that the 1950 Act, originally enacted to address illegal immigration concerns in the post‑partition period, has been invoked sparingly in recent years. Professor Arup Kumar Dutta of Gauhati University explained that the Act’s provisions require “clear and convincing evidence of non‑citizenship,” and that tribunals must follow stringent procedural safeguards before labeling a person a foreigner.
Analysis: The deportation order underscores the continued relevance of the Immigrants (Expulsion from Assam) Act amid ongoing debates over citizenship verification in the state. Assam has previously been at the center of high‑profile citizenship controversies, most notably the National Register of Citizens (NRC) exercise and the passage of the Citizenship Amendment Act (CAA) in 2019. Critics argue that the legal framework can be used to target vulnerable communities, while supporters contend it is necessary to address illegal immigration. In Ansari’s case, the tribunal’s finding of insufficient documentation appears to meet the statutory threshold for deportation, but the lack of public disclosure about his alleged country of origin raises questions about transparency and the ability of the individual to mount an effective legal challenge. Observers will be watching how the state balances enforcement of the 1950 Act with adherence to constitutional safeguards and international human‑rights norms.
Sources
– “Assam district orders deportation of man declared foreigner.” The Hindu, 27 April 2024. https://www.thehindu.com/news/national/assam/assam-district-orders-deportation-of-man-declared-foreigner/article71181911.ece
Story synopsis gathered from: The Hindu – National — source
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