Supreme Court Criticises Poor Conditions In Assam’s Detention Centers, Orders Fresh Review

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On July 26, the Supreme Court expressed serious concerns over the poor conditions in Assam’s detention centers, where individuals with questionable citizenship and those deemed foreigners are held. Highlighting the inadequate water supply, lack of proper sanitation, and absence of sufficient medical facilities, the Court described the situation as a “sorry state of affairs.”

The observations came from a Bench comprising Justices Abhay S Oka and Augustine George Masih after they reviewed a report from the Secretary of the Assam Legal Services Authority regarding the detention center in Matial, Assam. The Bench remarked, “We find that the facilities are very poor in the sense there is no adequate water supply, there are no proper sanitation systems, there are no proper toilets. The report does not speak about the facility of food and medical health.”

Senior Advocate Colin Gonsalves, representing the petitioner, pointed out that the Matial detention center houses approximately 3,000 people and criticised the report for merely stating “it is informed” without verifying conditions on the ground. Gonsalves emphasised the need for direct inspections similar to those conducted by the National Human Rights Commission (NHRC).

In response, the Court directed the Secretary of the Assam State Legal Services Authority to conduct another visit to assess not only the facilities mentioned in the report but also the quality and quantity of food and the cleanliness of the kitchen. The Court ordered a fresh report to be submitted within three weeks and directed the Union Government to file a response on the deportation issue within the same timeframe.

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Previously, the Supreme Court had instructed the Union Government to expedite the deportation of 17 declared foreigners held in Assam’s transit camps, noting that no cases were pending against them. Additionally, four such individuals had been detained for over two years.

During the hearing, the Court asked for an update on the deportation steps. Gonsalves highlighted that some individuals slated for deportation have pending cases in the High Court, stressing the importance of verifying their legal status before proceeding. He also raised concerns about the lack of legal aid for those wishing to appeal to the High Court from the Foreigners’ tribunal.

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