SC Flags ‘Lack Of Facilities’ In Assam’s Detention Centre

Assam's Detention Centre

Flagging the poor conditions at a detention centre for declared foreigners in Assam, the Supreme Court criticized the inadequate water supply, lack of proper toilets, and insufficient sanitation.

The apex court reviewed a report from the Assam State Legal Services Authority regarding the Matia detention centre’s facilities.

A bench of Justices Abhay S. Oka and Augustine George Masih stated, “We find that the facilities are very poor in the sense that there is no adequate water supply, there is no proper sanitation, there are no proper toilets.” The bench, addressing a plea about the deportation of declared foreigners and the conditions at Assam’s detention centres, noted the report did not cover food and medical help availability.

The court directed the Assam State Legal Services Authority’s secretary to conduct another visit to assess the quantity and quality of food, kitchen cleanliness, and the existence of medical and recreational facilities. A fresh report is to be submitted within three weeks, and the matter is scheduled for hearing in September.

On May 16, the Supreme Court had urged the Centre to expedite the deportation of 17 declared foreigners at Matia, prioritizing four individuals who have been detained for over two years. During Friday’s hearing, the bench remarked on the poor conditions detailed in the report and questioned the Centre’s management of the facilities.

The Centre’s counsel reported having instructions on deportation per the May 16 order. The bench also asked the Centre’s counsel to address the conditions at the detention centres. The petitioner’s counsel noted that some detainees have pending cases in the high court, and emphasized that deportation should not occur before the completion of the legal process. The lawyer also queried whether the deportations were voluntary and if the Bangladesh government had agreed.

The bench gave the Centre three weeks to respond to the deportation issue. The plea also sought a directive to prevent the Assam government from detaining any person declared a foreigner by a tribunal without proof of imminent deportation.