CJI threatens to order departmental proceedings against Assam Chief Secretary

The CJI rebuked Assam chief secretary Alok Kumar for keeping 900 people in sub-human conditions in the detention centres. “Is this how your government functions?” Justice Gogoi asked.

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HIGHLIGHTS:

  • Justice Gogoi said “the Court would not be a party to such a move describing it as ‘illegal and violative of the Constitution”.
  • The CJI rebuked Assam chief secretary Alok Kumar for keeping 900 people in sub-human conditions in the detention centres.
  • Kumar repeatedly apologized for the affidavit and promised to come back with other measures.
  • Gaurav Banerjee, the court’s amicus curiae and senior advocate said the foreigners’ native nations was required for deportation assistance and cooperation.

Lashing out at the Assam state government, the Chief Justice of India Ranjan Gogoi threatened to initiate departmental and contempt proceedings against Assam chief secretary for an affidavit proposing release of foreigners held in detention for over five years. Justice Gogoi said the Court would not be a party to such a move describing it as ‘illegal and violative of the Constitution’.

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Chief Justice Gogoi said “You have no right to continue in office after authoring such an affidavit. This Court will not be party to such an unheard or arrangement. You have 900 detainees when lakhs of illegal foreigners have already intermingled with the local population. Most of these foreigners are in the voters’ list and are taking part in the political system of this country”.

The Assam government’s affidavit proposed to release the foreigners who have completed five years in detention centres subject to their furnishing a security of Rs 5 lakh, verification of address and collection of their biometrics.

The CJI rebuked Assam chief secretary Alok Kumar for keeping 900 people in sub-human conditions in the detention centres.

“Is this how your government functions?” Justice Gogoi asked. He said “Bonds, biometrics and verification of addresses. Your government has no intention, your government has only hubris.”

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Kumar repeatedly apologized for the affidavit and promised to come back with other measures. However, the CJI was not assured. He said “What other measures? That you will provide these detainees five-star facilities or you will beg and plead with their countries to take them back?”

Gaurav Banerjee, the court’s amicus curiae and senior advocate said the foreigners’ native nations was required for deportation assistance and cooperation. Banerjee explained that some of the foreigners may also not co-operate with authorities and this further hurdles the move for their deportation.

“Do you expect him to cooperate after 40-years of living in this country?” Justice Gogoi asked.

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CJI threatens to order departmental proceedings against Assam Chief Secretary
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The CJI rebuked Assam chief secretary Alok Kumar for keeping 900 people in sub-human conditions in the detention centres. “Is this how your government functions?” Justice Gogoi asked.
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The Policy Times