SC allows release of illegal foreigners detained in Assam with riders

The Supreme Court Friday ordered that illegal foreigners in Assam who have completed more than three years in detention may be released after they provide biometric details in a secured database. A bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna also directed them to furnish a bond of Rs 1 lakh with two Indian sureties and give details of address of stay after release.

The top court also agreed that the Assam government should be given some more time to indicate the progress made on the diplomatic level, among others, with regard to deportation of declared foreigners and setting up of additional foreigners' tribunals. It also directed the state government to place on record a detailed scheme, in consultation with the Gauhati High Court (on the administrative side), with regard to the constitution of foreigners' tribunals, including the appointment of members, staff etc.

The said details shall be placed on record as soon as possible and if required, the state will be at liberty to make a mention of the matter before the vacation bench, the apex court said. "Biometric of his/her iris (if possible) and all ten fingerprints and photos shall be captured and stored in a secured database before release from the detention centres. He or she shall report once every week to the Police Station specified by the Foreigners Tribunal...

"A quarterly report to be submitted by the Superintendent of Police (Border) to the Foreigners Tribunal regarding appearance of such released declared foreigner to concerned Police Station and in case of violation of condition, the DFN will be apprehended and produced before Foreigners Tribunal," the bench said. The apex court has posted the matter for hearing in July.

It had earlier asked the Assam government to work on the modalities of setting up around 1,000 foreigners' tribunals for speedy disposal of cases related to illegal immigrants.

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