The Union government has informed the Supreme Court that a person declared a foreigner cannot be deported unless their citizenship in the home country is confirmed and the country agrees to accept them.
The submission came in a case challenging the indefinite detention of people declared foreigners in Assam, where petitioners argued that deportation is not being carried out. In response, the Ministry of Home Affairs filed an affidavit outlining the procedure.
According to the Centre, deportation can proceed only after citizenship verification and after obtaining the necessary travel document from the concerned country’s diplomatic mission. A valid passport is required, and the home country must formally consent to receive the individual.
The affidavit also stated that once a foreign national has completed any sentence or court process, and if they hold a valid passport with no criminal case pending, the concerned state or Union Territory may deport them—subject to the home country’s approval.
