illegal immigrants Archives | SCC Times https://www.scconline.com/blog/post/tag/illegal-immigrants/ Bringing you the Best Analytical Legal News Fri, 24 Feb 2023 12:38:56 +0000 en-US hourly 1 https://wordpress.org/?v=7.1.3 https://www.scconline.com/blog/wp-content/uploads/2020/07/cropped-SCC-Online_Telegram_HR-32x32.jpg illegal immigrants Archives | SCC Times https://www.scconline.com/blog/post/tag/illegal-immigrants/ 32 32 EXPLAINED| Assam facing a silent invasion for decades: Why is Section 6A of the Citizenship Act under fire? https://www.scconline.com/blog/post/2023/02/22/assam-facing-silent-invasion-for-decades-why-section-6a-of-citizenship-act-under-fire-legal-news-legal-research-updates/ https://www.scconline.com/blog/post/2023/02/22/assam-facing-silent-invasion-for-decades-why-section-6a-of-citizenship-act-under-fire-legal-news-legal-research-updates/#respond Wed, 22 Feb 2023 06:30:08 +0000 https://www.scconline.com/blog/?p=284735 “If the said Section 6-A of the Citizenship Act, 1955 is not struck off being ultra vires, it would be impossible to free Assam from the clutches of illegal immigrants, who have entered Assam in view of the impugned provisions of the aforesaid amended Act.” the petitioner's submitted.

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Supreme Court: The coram comprising of Dr. D.Y. Chandrachud, C.J., and M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha J.J., heard a batch of petitions on 10-01-2023 pertaining to primary question whether Section 6-A of the Citizenship Act, 1955 suffers from any Constitutional infirmity.

In the matter at hand, the petitioners came in the representative capacity of a majority of the indigenous tribal and non-tribal people living in Assam before the bench. The main contention of the petitioners is that Section 6-A of the Citizenship Act,1955 inserted into the principal Act vide The Citizenship (Amendment) Act, 1985 to be repealed and declared ultra-vires the Constitution of India.

It was contended that Assam has been facing a silent invasion for decades. It was feared of being extinct in the hands of illegal immigrants coming from erstwhile East Pakistan and present Bangladesh.

It was further contended that if Section 6-A of the Citizenship Act, 1955 was not struck off being as being ultra vires, then it would be impossible to free Assam from the clutches of illegal immigrants, who have entered Assam in view of the impugned provisions of the Citizenship (Amended) Act, 1985.

The petitioners posed multiple issues for consideration before the Supreme Court:

a. Whether Section 6A of the Citizenship Act, 1955 suffers from any constitutional infirmity?

b. Whether the reason that immigrants from East Pakistan have enjoyed rights of citizens for over 40 years, can be a ground for grant of any relief?

c. Whether the Assam Accord-a Memorandum of Settlement between the Union of India, the State of Assam, All Assam Students Union, and All Assam Gana Sangram Parishad arrived at for resolving a long pending issue-being a political settlement and a matter of great policy importance can at all be judicially reviewed at this stage, as Courts will decline to enter into the ‘political thicket’ and annul matters of such magnitude and with immense consequences?

d. Whether delay is a factor that can be taken into account in fashioning reliefs in a petition filed under Article 32 of the Constitution of India, 1950?

e. Whether the Immigrants (Expulsions from Assam) Act, 1940 being a special enactment qua immigrants into Assam, alone can apply to immigrants from East Pakistan/Bangladesh to the exclusion of the general Foreigners Act and the Foreigners (Tribunals) Order, 1964 made thereunder?

f. Whether the children born in India to illegal migrants who have migrated after 25 March 1971 from the specified territories in Assam are entitled to be granted citizenship?

The petitioners contended that due to lack of political will to tackle such external aggression by the Bangladeshi Nationals, the illegal immigrants continue to remain in Indian soil for past many years thereby posing serious threat to the question of identity of the indigenous people of Assam as well as security of the nation.

The petitioners categorically stated that it was not a communal or Hindu-Muslim issue, but an issue of foreign infiltrators who are inundating the land that for centuries has belonged to the Assamese and tribals.

“If the said Section 6-A of the Citizenship Act, 1955 is not struck off being ultra vires, it would be impossible to free Assam from the clutches of illegal immigrants, who have entered Assam in view of the impugned provisions of the aforesaid amended Act.” the petitioner’s submitted.

The matter has been adjourned for hearing soon.

[Assam Public Works v Union of India, Writ Petition (Civil) 274 of 2009, last heard on 10-01-2023]

 

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]]> https://www.scconline.com/blog/post/2023/02/22/assam-facing-silent-invasion-for-decades-why-section-6a-of-citizenship-act-under-fire-legal-news-legal-research-updates/feed/ 0 284735 Karnataka HC lays down guidelines regarding illegal immigrants facing proceedings under the Foreigners Act, 1946 https://www.scconline.com/blog/post/2020/06/09/karnataka-hc-lays-down-guidelines-regarding-illegal-immigrants-facing-proceedings-under-the-foreigners-act-1946/ https://www.scconline.com/blog/post/2020/06/09/karnataka-hc-lays-down-guidelines-regarding-illegal-immigrants-facing-proceedings-under-the-foreigners-act-1946/#respond Tue, 09 Jun 2020 05:30:37 +0000 https://www.scconline.com/blog/?p=230654 Karnataka High Court: While deciding the instant petition, wherein the petitioners have been charged with offences under Sections 14A and 14B of

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]]> Karnataka High Court: While deciding the instant petition, wherein the petitioners have been charged with offences under Sections 14A and 14B of the Foreigners Act, 1946, Section 25 of the Indian Arms Act, 1959 and Section 34 of the Aadhar Act, 2016, K.N. Phaneendra, J., laid down certain guidelines in order to deal with the issues arising due to the prolonged stay of illegal immigrants facing proceedings under the Foreigners Act, 1946. 

As per the facts of the case, the accused persons allegedly migrated from Bangladesh and have been staying in India without passport/ visa or any proper documents provided by the competent authorities. It was also alleged that the accused persons have obtained Aadhar Cards using illegal means. The counsel for the petitioners C. Mohammad Pasha and the Government Pleader, Rohith B.J., both of them submitted that there is no decision that spells out any specific ground upon which bail can be granted to individuals such as the accused persons. They further pointed out that there are no guidelines which have been made to regulate the stay of such persons who have come to India without passport/visa.

Perusing the submissions laid down by both the parties, the Court pointed out that though the instant matter is a simple bail matter, but the issue involved is important enough to for the Court to take notice. The Court pointed out that it is a very difficult task to lay exhaustive guidelines in the matter, but it will nevertheless try to address the ‘grey areas of law’ in the current matter. 

Some of the important guidelines laid down by the Court  are as follows-

  • In case a foreign national is arrested under the provisions of Foreigner’s Act and such individual does not possess passport or visa or possesses expired visa, then immediate proceedings shall begin to deport such individual. The jurisdictional police must right away inform the competent authorities to start the deportation proceedings.
  • If the foreign nationals fail to obtain bail in any criminal case, then they should be kept in normal jail till the disposal of the case.
  • If the foreign nationals are granted bail/ anticipatory bail under and their offences are under the Foreigners Act and other such laws, then such individuals shall be kept in detention centres till the time they are not deported to their mother country.
  • In the event a foreign national ends up being convicted, then they shall be kept in the regular prisons till they serve their sentence. After that they shall be kept in detention centres till the time they are not deported.
  • If the foreign national is acquitted, and their nationality is in dispute before the competent Tribunal, then they shall be kept in detention centres from where they shall be deported, unless they have any right which entitles them to remain in India.
  • The public prosecutors and the defence counsels shall try their best to expeditiously deal with such cases.
  • The Central and State Governments shall take all requisite steps to establish sufficient number of detention centres.
  • In case the foreign national/ accused is a woman or a child or a woman having a child, then the competent authorities have to follow the guidelines laid down in R.D. Upadhyay v. State of A.P., (2007) 15 SCC 360, and the specific statutory provisions. If the mother is in custody with an infant below or upto the age of 6 years then the Court may allow the child to accompany the mother in custody. In the event either of the parents are arrested, then the custody will be granted to the parent who is not arrested; if both the parents are under arrest, then the custody shall be given to their close relative or government shelter home as per the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015.
  • If the foreign national is an illegal immigrant who has been involved in a criminal offence under any law other than the Foreigners Act, 1946, then the Centre and State Governments shall take immediate actions with proper application of their mind. In case, the offences committed are not heinous in nature, then the Governments may withdraw those cases under Section 321 of CrPC and start the deportation process as soon as possible.

   [ Babul Khan v. State of Karnataka, Crl. P. No. 6578 of 2019, decided on 19-05-2020]

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]]> https://www.scconline.com/blog/post/2020/06/09/karnataka-hc-lays-down-guidelines-regarding-illegal-immigrants-facing-proceedings-under-the-foreigners-act-1946/feed/ 0 230654 Deportation of Rohingyas: SC to begin final hearing in August https://www.scconline.com/blog/post/2019/07/10/deportation-of-rohingyas-sc-to-begin-final-hearing-in-august/ https://www.scconline.com/blog/post/2019/07/10/deportation-of-rohingyas-sc-to-begin-final-hearing-in-august/#respond Wed, 10 Jul 2019 09:46:25 +0000 https://www.scconline.com/blog/?p=216686 Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Aniruddha Bose, JJ that it would accord final hearing

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]]> Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Aniruddha Bose, JJ that it would accord final hearing in August on a batch of petitions challenging the Centre’s decision to deport illegal Rohingya Muslim immigrants to Myanmar.

The top court is also seized of petitions which support the government’s stand to deport over 40,000 Rohingyas, who fled to India after violence in the Western Rakhine State of Myanmar and are settled in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan.

The Court asked the counsel for parties to submit their written submissions in the meantime,

“Pleadings are complete. Parties are required file brief written submissions,”

Initially, two Rohingya immigrants — Mohammad Salimullah and Mohammad Shaqir, who are registered refugees under the United Nations High Commission of Refugees (UNHCR), had moved the Supreme Court in 2017 challenging the move to deport to Rohingyas on various grounds including that it violated international human right conventions.

“Proposed deportation is contrary to the constitutional protection of Article 14 (Right to Equality), Article 21 (Right to Life and Personal Liberty) and Article 51(c) of the Constitution of India, which provides equal rights and liberty to every person. This act would also be in contradiction with the principle of ‘Non-Refoulement’, which has been widely recognised as a principle of Customary International Law,”

The plea had also sought a direction that Rohingyas be provided basic amenities to ensure that they can live in humane conditions as required by international law.

The Centre had questioned the bonafides and motives of the NGOs and individuals seeking facilities for the Rohingya refugees, and stated that there is no discrimination between Indians and outsiders in providing health and education facilities.

(Source: PTI)

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