Thread by @indialegalmedia

#SupremeCourt HARSH MANDER Versus UNION OF INDIA AND ANR
W.P.(C) No. 1045/2018 PIL-W
Court 1, item 3
BEFORE  HON'BLE  THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK GUPTA AND HON'BLE MR. JUSTICE SANJIV KHANNA
Facts: Matter related to #unlawfuldetention of “#foreigners”

Today- Affidavit has been filed by state of Assam. Mr Mehta the SG appearing for the state of Assam reads the Measures to be taken by the state governmnet for the release of foreigners in detention centres who have been detained for a long time.

“The foreigners who have completed 5 years in dentention centres may be released subject to furnishing a security of Rs. 5 lakh, verifying his adress, biometric of his eyes etc”, said Affidavit

CJI questions the Chief Secretary of the state of Assam -“You are asking the supreme court to be a part of an illegal order where a foreigner who has no right to stay in the country will remain and sign a bond and so on.”

Chief Justice questions the Chief Secretary that “don’t you agree there has been failure on part of your government”.

He further says that these persons who are to be sent back to their countries are staying here illegally and have their names enrolled in the voters list.

#SupremeCourt #IllegalDetention
#foreigners
SG Tushar Mehta insists on giving an explanation to which the CJI says no Mr. Mehta the Chief Secretary shall answer, not you.

“The stand of the government of India and the state of Assam should be that the foreigners detenues should be deported as soon as possible. But we do not see that stand, Mr Chief Secretary”, said the bench.

The Amicus Mr Gaurav Banerjee says that we need the assistance of the country where they are to be deported and moreover the detenues also have to cooperate.

#CJI says that means we can say that the government has failed to do its job.

When did the government of India assisted by the state of Assam had a meeting with the country of origin of these detenues questions the CJI to the Chief Secretary

The Amicus submits the minutes of the meeting held on 25th March.

CJI questions Mr Mehta ‘you are representing the state of Assam do you think that he is capable of holding this position.’

The #chiefsecretary #Assam apolgises before the bench and ensures the bench that he will come up with better measures.

Mr Prashant Bhushan appearing for the Petitioner says that he requires time to file his reply to the affidavit.

Matter adjourned.