ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF INDIA & ORS.

ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF 799 INDIA & ORS. [R. F. NARI MAN, J.]

3. 1. 6. The Executive Council of the Jawaharlal Nehru A University has approved the establishment of an Assamese· Chair in the Centre of Indian Language,· Literature and Culture Studies of the University in 2007. 3.4. CLAUSES 9.1 & 9.2 B 3.4.1. BORDER FENCING & BORDER ROADS 3.4.1.1. The Inda-Bangladesh border with Assam has a length of 267.30 km. ·Out of this 223.068 km is the land border and 44.232 km are river stretches and other non- feasible gaps across the river border. Within 44. 232 km, the C Brahmaputra river has a stretch of 32. 750 km in Dhubri District. Details of the river border areas is given in the Annexure-12. Roads and Fences are erected only on land border and the length of 44. 232 km is unfericed. 3.4: 1.2. Roads and Fences have been taken up for construction on the land border in three phases. In the Phase- /, construction of new roads and fencing was taken up in 1986 by Assam PWD.and works completed in 2003. In the Phase- · II, construction of remaining new roads and fencing was taken up by Assam PWD in 2000-01. Subsequently some parts of this Phase-I/ works were handed over to the National Building . Construction Corporation (NBCC) by the Assam PWD. While Assam PWD has almost.completed its works, that of NBCC are in progress. Under the Phase-II/ reconstruction of the fences constructed. in Phase-I was taken up from 2006-07 F through NBCC and NPCC (National Projects Construction Corporation). While NBCC has completed its Phase-II/ · assigned works, works of NPCC are in progress. 3.4.1.3 A total of 228.118 km of new fencing was G sanctioned under Phase•/&//, out of which, based on field conditions, the actual required length was 224. 694 km. Against this 218. 170 km of fencing (97.1 %) has been completed. A stretch of 2. 874 km could not be taken up: at Lathitila-Dumabari area Karimganj district due to an H

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':- international dispute. Works in respect of 150 meters of fencing are in progress with Assam PWD. These inter alia relate to approaches of two bridges and are targeted for completion within 31, December 2012. A length of 3.50 km in Karimganj Town could not be taken up earlier as it was within 150 metres of the Bangladesh border It has now been decide'd to take up single fencing in this stretch in Karimganj Town, for which actions have been initiated by the NBCC. 3.4:1.4. A total of251.558 km of new roads were sanctioned under Phase-I&//, out of which, based on field conditions, the actual required length was 246.073 km. Against this 234. 153 km of roads (95. 16%) have been. completed. Assam PWD is yet to complete 60 metres of roads; which is targeted to be completed by 31st December

2012. NBCCis yet to complete 11.86 km of roads out of which

D 3. 50 km relates to Karimganj Town, where work is yet to be started, and 8,36 km relates to Masalabari area in Dhubri district where work is Jn progress and scheduled to be completed this year 3.4.1.5. A total of 144.961 km of reconstruction E Phase-/ fencing was sanctioned under Phase-JI/, out of which based on field conditions the actual required length was 134.727 km. Against this 121. 707 km (90. 34%) has been completed. NBCC has completed all works assigned to it. F Works are in progress in respect of 13. 020 km of fencing being constructed by NPCC, which are targeted to be completed by 31 5 ' March 2013. The Government oflndia has sanctioned the Phase-I/I of the fencing project, entailing the use of concertina with double coil wire fencing for replacing · the entire fencing constructed under Phase- I. Due to persistent efforts from Chief Minister, Assam, phase 11 fencing was designed to be double row where concertina with double coil wire has been used in contrast to Phase I fencing which was only single row. A copy of the DO letter written by Chief Minister, Assam to Union Home Minister in 2004 is placed as annexure 13.

ASSAM SANMILITA MAHASANGHA &ORS. v. UNION OF 801 INDIA &ORS. [R. F. NARIMAN, J.]

3.4.1.6. The period-wise achievement in respect of A Phase I & 11 works done by Assam PWD since 1986 is given in annexure-14 and w.orks done by all agencies is at annexure- 15. A summary of the works done by all the agencies is given in the table below: Progress under Phase-I and Phase-II (Fencing} B (in Kms.) ··-- ·------ · · - · · - - - · ----- Plme &vr:t1ornf! Ac;llr:ll Act1r:il 1t:rp1ira:I O:)/rp!e111d Dspuled Hafcu"/Ce l.£11'i!lh Ph:rie-1 150.55 1./7.17 1././.3 2.87 0 7757 77.52 73.87 3.65 Plnse- II 0 c PfmtL/ 22812 22./.69 21817 2.87 3.65 &II Pln>e- 14496 13./.73 121.71 0 13.02 Ill F1'rine

3. 4. 1. 7 While Assam has almost completed its fencing D project under phase I and II with around 97% of the work having been completed, the work in other states bordering Bangladesh is lagging behind as indicated below: rf lud!r faring -~ 9ae T<id lergh cf /m:i!r forirg Tad la-gh rf !Udiam 1nfr Pim?-! a-d cmrieted 11U!r Plue-I <1-d <mrJeticn E flrise·fl Plrue-ll H"'1 1528/m 1222/m fJY,{, /h1"rli . ;V/!f!h:Jlai r1 ./7023kn J[fJ ()5 fm 81% lNa1u 856/nt 73Q5Dhn 85% iWmrrn 35232/m 2ilil1!h11 59'/o Mwl 22.fff)kn 218/lkn · 97% F 3.4.1.8. The total unfenced portion of the Assam- Bangladesh border at present is given in the table below : I. Rwrstrr?tc/15 arl a /11· ron-fi!asilie ~-...· aros; tk mer /xJri?r 4423 U1{emf /?jver 8J'fff-' 4423 2 Flri,,,_llfe1riRWI to/:x! mnieted /7,'.4Pf1D& N8T 165 G 1 D.~ued lai-d u1 la hla-Dmixri 2f!l

4. lilrfierro1Jietedfore in Pfuie./, 1uv111t:krra;ar;tnctia10' MIT.arl_wl to 1302 /:J!c,m/fied

5. Ufer:al Lari Bartr: 1955 Tad 1116re:ll01'$hdaJ?.k~"""""cri?shBarl!r: 6379

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A 3.4.2. BORDER PATROLLING AND GUARDING 3.4.2.1. In order to strengthen border domination and to prevent any transborder crimes including infiltration and exfiltration, after 2001 in the 'Assam portion of the lndo- Bangladesh border 11 new BOPs have been established.

8. Meire BSF troops have been deployed and water wing personnel have been made active on duty round the clock in the riverine border areas. At present the BSF and the state police are doing joint patrolling of the borde'rs. A total of 6 battalions of BSF are deployed for guarding of the lndo- C Bangladesh border(Assam portion). Thf}re are 91 BOPs at· present and the distance between two BOPs has been reducea) Night vision devices, thermal indicators and raaar for better surveillance are being used by the BSF at the border. The state police are also having BOPs for providing a second D· line of defence: To strengthen the Government machinery for the purpose of detection and deportation of foreigners, the Government oilndia has sanctioned 1,280 additional posts in different ranks under the PIFScheme. Including these 1,280 posts, the total sanctioned strength of the Assam Police E Border Organisation is 4,002 police personnel in different ranks. 3:4.3. COMMITTEE FOR PREVENTING INFILTRATION THROUGH THE UNPROTECTED F RIVERINE AREAS · 3.4.3.1 The actions taken for completing the fencing of· the land border have been detailed above. Initiative has also been taken to ensure that infiltration is prevented from the river stretches and other non-feasible ' ~ gaps . across the river G border. With this end in view the Governor of Assam constituted a Committee vide the notification No. 1AA 561 201111 dated 12'h September 2011 to examine and recommend ways and means for preventing infiltration through the unprotected riverine areas in the Assam- H Bangladesh border. The Committee visited the riverine

ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF 803 INDIA & ORS. [R. F. NARIMAN, J.]

border areas of Dhubri district in October 2011 and the A riverine border areas of Karimganj and Cachar districts in November 2011. During these visits extensive discussions were held with BSF and other local authorities. Various technical options of preventing infiltration through such riverine areas are presently being considered. · B 3.4.4. FLOOD LIGHTING 3.4.4. 1. To enable proper vigilance of the international border during the night, action has been taken to provide floodlighting all along the AssamcBangladesh border. c Floodlighting works are being implemented by the CPWD in the Assam. These ypworks are divided between the Guwahati sector and the Si/char sector and the total length comes to

213. 74 kms. The Guwahati sector comprises a stretch of

37. 60 km in Dhubri sub-sector and 43. 44 km in Mancachar 0 sub-sector. Work has started in both these sub-sectors and is scheduled to be completed within.2012-13. The Si/char sector comprises three sub-sectors. The works in-respect of the first, from BP No. 1338 to 1356 & 680635 for40.50 km have startedand are scheduled to be completed within 2012- E

13. Works in respect of the remaining two sub-sectors having stretches of 46. 70 km and 45. 50 km are yet to be started and are scheduled to be completed within 2013-14. · 3.5. CLAUSE 10

3. 5. 1. Land administration in the Protected Belts and F Blocks in Assam is carried out as per provisions of Chapter X of the Assam land and Revenue Regulation 1886 and Rules framed there under. Steps are taken for removal of encroachment on a continuous basis. G 4.2 PROGRESS IN DETECTION AND DISPOSAL OF CASES 4.2.1. There has been a substantial increase in the number of cases detected during the last 11 years. The disposal of cases also has shown a significant increase H

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A during this time period. The following table provides a comparative picture of the cases registered and disposed of by Foreigners Tribunal & /MDT: FOREIGNERS' TRIBUNAL AND /MDT

4.2.2. It may be seen.that the progress in 10 years time ·period from 2001-2012 far exceeds the progress made during the 15 years time period from 1985 to 2000. Keeping in view C that the disposal mechanism is a judicial process and also . subject to judicial review, the disposal of cases has not been able to keep pace with the number of cases registered in the Foreigners Tribunals. Therefore. there has been a large cumulative pendencv of cases in the Tribunals which needs 0 to be addressed. through special measures. 4.3. STRENGTHENING OF MACHINERY FOR DETECTION AND DEPORTATION r

4. 3. 1. In order to prevent infiltration into the State through E Riverine Routes 4(four) River Police Stations and ?(seven) River Police Out Posts have been set up under River Police Organization. In addition, a new I. R. Battalion for River Police has also been raised and steps are being taken to provide necessary equipments and training to this riverine battalion. F The Assam Police Border Organization has set up 159 Watch Posts in the infiltration prone areas of 17 districts of Assam for detection of illegal infiltrators. · 4.3.2. The ex-servicemen employed under PIF scheme have been given the status of regular government servants G so that they do not suffer from uncertainties of employment. Government has paid more than Rs 22 crores as a"ears to these ex-servicemen deployed since 1988 during 2011-2012.

ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF 805 INDIA & ORS. [R. F. NARIMAN, J.]

4.3.3. The nuwber of Foreigner's Tribunals which was hovering between 4 and 11from1964 to 2005 increased to 36 Tribunals in 2009. All of them have been made functional. Standard staffing pattern and service order g_overning service conditions of FT staff have been notified. Proposal for providing additional staff depending on workload is submitted to MHA for approval. Power ·Jf appointment of vacant staff position has been delegated to Member FT based on a transparent selection process by a board headed by Deputy Commissioner. 4.3.4. New terms and conditions have been issued for appointment of Members so as to make the service conditions attractive. The upper age limit has been relaxed from 65 ypto 67 years, remuneration has been made more attractive besides providing other amenities like vehicle, orderly peons etc. This has led to significant reduction in vacancy position of Judicial members of Foreigners Tribunals - 33 members are in place and other 4 applications are in process to achieve 100 % occupancy. It is noted that till February 2011 there were as many as 13 vacancies of Members, Foreigners Tribunal. The Government of Assam E has also received 7 nominations from the registrars of the High Courts of other states and 3 members have been appointed so far from outside the state. There is a paucity of suitable judicial officers in the State and all efforts have been made to fill up all the posts of members. This is the biggest impediment to our efforts in increasing the number of tribunals. 4.3. 5. Office infrastructure of Foreigners Tribunals has been improved by providing computers, printers: telephone, fax, photocopiers etc. The Government of Assam is making every effort to overcome the constraints of inadequate infrastructure including office space for all the Foreigners Tribunals.

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A ~ ANNEXURE - 5 (Copy) Copy of L~tter NO.PLB.171164134 dated Shillong, 25'h June, 1966 from Shri S. P Hazarika, A. C. S., Deputy Secretary B to the Government of Assam, Political Department, to the Inspector General of Police, Assam, Shillong. Subject: Procedure for deportation of Pak infiltrants I am directed to say that a review of the latest position C of deportation of Pak infiltrants shows that the_ total number . of Pakistani infiltrants in our State as determined by the Registrar General of Census In 1961 was 2, 20, 691. It appears that 'since 1961 till 31-5-66, 2, 15, 794 infiltrants have been detected and notices for deportation were served or prosecution was started against 2, 15,355. Out of these. 0 according to the figures confirmed by the Check "Posts. 1.43.438 have already left the country. About 28,999 of the remaining number on whom notices have been served have preferred appeal. It may also be assumed that about 25, 000 persons on whom deportation notices were served have left E by routes other than by the check posts. The number of infiltrants who have been detected but have not left the country would come to about 40, 000 plus the number resulting from natural increase, new infiltration and re-·entry of deported the · total number of Pakistani infiltrants on the basis of 1961 F census who are yet to be detected comes to about 5,000 or so. To this we have to add the number resulting from the natural increase during this period, fresh infiltration and re- entry of some deported persons. But the total number of such people should not be many. Therefore, the number of cases to be detected is gradually decreasing. Now, more and more marginal cases would be detected. Therefore, time has come when we have to be more careful in deportation. In the light of the above background, Govt. think that from now onward, each and every case of deportation should

ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF 807 INDIA& ORS. [R. F. NARIMAN, J.]

receive the cases where there is slightest doubt, no deportation notice should be reserved, but prosecution should be started in Court of law and deportation notices should be served on the basis of the judgment in the court of law. The following categories of cases, however, would be warrant service of deportation notices without reference to Court:- ·B (1) A person with Pak passport overstaying illegally in India; (2) A person already deported but has re-entered India illegally; and c (3) A new infiltrant entering India. In these categories of cases, after service of deportation notice, the present procedure of Tribunal will follow. You are, the_refore, requested to issue necessary o instructions of the points mentioned above to all concerned under intimation to Government. These instructions are intended to make our officers cautions the matter of detection and deportation and should not be interpreted to mean any relaxation in the matter of vigilance, detection and deportation E of Pakistani infiltrants. SECRET MemoNo.PA(V//)1621200 Dated, Shillong the 29th June, 1966. F Copy to Shri H.K. Bhattacharyya, /PS (All D./s. G/Ss. P) for information and necessary action. Sdl- B.K. Barua, Inspector General G of Police, Assam.

39Copy pinpoint39. It will be seen that the number of tribunals set up is abysmally low resulting in an abysmally low number of decisions by these tribunals. What is interesting to know is that whereas H

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A almost 1,50, 000 persons were deported between 1961 to 1965 under The Immigrants (Expulsion of Assam) Act, 1950, the number of deportations from 1985 till date is stated to be a mere 2,000 odd. Even these deportees are mostly if not all "push backs" which results in the same deportees coming back B post deportation from a border which is completely porous.

40Copy pinpoint40. It will be seen that the Assam portion of the border with Bangladesh is 267 Kms. Outofwhich44 Kms. are riverine. We are given to understand .that the entire border between India and Bangladesh is roughly 4000 Kms. The White Paper C shows th at large portions of the border with Assam are yet to be fenced with double coil wire fencing, making the border an easy place to cross. Also, we are given to understand that most parts of the border with West Bengal and other North- Eastern States are also porous and very easy to cross. D

41Copy pinpoint41. We are at loss to understand why 67 years after independence the Eastern border is left porous. We have been reliably informed that the entire Western border with Pakistan being 3300 Kms. long, is not only properly fenced but properly manned as well and is not porous at any point.

42Copy pinpoint42. In the light of the above, we tiave considered the necessity of issuing appropriate directions to the Union of India and the State of Assam to ensure that effective steps are taken · to prevent illegal access to the country from Bangladesh; to detect foreigners belonging to the stream of 1.1.1966 to 24.3.1971 so as to give effect to the provisions of Section 6(3) & (4) of the Citizenship Act and to detect and deport all illegal migrants who have come to the State of Assam after 25.3.1971. Before issuing any such directions, we had thought it proper to require the Union as well as the State of Assam to state, on affidavits, their respective stands in the matter and also their suggestions, if any. Both the Union as well as the State of Assam have responded by filing affidavits sworn by duly authorized officials. We have taken note of the contents . H · of the said affidavits which disclose that both the Union and

ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF 809 INDIA& ORS. [R. F. NARIMAN, J.]

the State are broadly in agreement in respect of the steps that are required to be taken as well as the action taken till date and further the measures that are required to be taken in the future. It will be appropriate if the relevant contents of the affidavit filed by the Union are extracted below. "5(Vlll). Effective Border guarding to check and control illegal immigration (i) Intensive 24x7 patrolling by the Border Security Force (BSF) along the lndo-Bangladesh border. (ii) Identification of vulnerable patches/routes by 15th c January 2015 from where Bangladeshi nationals are managing to enter into the country illegally. After identification of these vulnerable patches routes, security and vigilance will be strengthened at these points along the identified routes used for D illegal infiltration. (iii) Persons who are intercepted at the international border will be sent back then and there to Bangladesh. . E (iv) Illegal infiltrators will be interrogated by the State Police in the presence of BSF personnel who have managed to enter into the territory of the country ,, for identification of routes they had taken for entering into the country. Security will be further strengthened on such routes/areas. BSF personnel, if any, found to be involved in helping illegal infiltrators for crossing international border will be punished as per/aw-. BSF will keep close vigil on the international border through its intelligence branch with immediate effect. (v) Besides, intelligence agencies will be geared up with immediate effect for keeping close vigil along the international border and also reporting to the H

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A concerned authorities including BSF on illegal infiltrations. (vi) Border fencing: project worth Rs. 6337 crore has been sanctioned for' fencing 3326 km of lndo Bangladesh border including restoration of damaged fence (total length 4096. 7 km of the border of which 2980. 7 km. is land border and 1116 km. is riverine border [the length of riverine border keeps varying from season tq season]). Out of 3326 Km, fencing has been completed in 2828 km. c . ·Construction work offencing is in progress in 78. 80. km. which is likely tO be completed by May 2016. In 102.4 km fencing is not feasible due to low-lying difficult hilly terrain. Work in 24.2 km is at estimate · ·revised estimate stage. Due to boundary issues D · which are yet to be resolved between India and Bangladesh in 19 km, construction of fencing could not be completed. Action has been initiated to resolve the boundary issues with Bangladesh. Fencing work cannot be started in 188 km due to delay in land acquisition by the concerned State Governments of Tripura (11 Kin.), West Bengal (86 - . Km.) and Assam (3.5 Km.). In case of Meghalaya State earlier the issue of pending land acquisition was for about 135 km. However, due to constant persuasion by the Ministry of Home Affair at the highest level, the matter was partially resolved and fencing is completed in such stretches except for

23. 63 km. in which work in progress. Presently, the land acquisition is pending for about 87.5 km. in G Meghalaya. The Matter has been taken up with the State Governments of Meghalaya, Tripura, West Bengal and Assam for early acquisition of land for construction of fencing at various levels. Matter is being. followed up with them regularly. Besides, H environmental! forest clearance is also required

ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF 811 INDIA& ORS. [R. F. NARIMAN, J.]

for erection offencing in 61.6 km. areas falling in A Dampa Tiger Reserve, Mizoram. The matter was discussed in the National Board of Wildlife (NBWL) meeting held on 12th August, 2014. The NBWL had recommended the project with certain conditions. Action has been initiated for B compliance of the conditions imposed by the NBWL. Public protest is continuing in 24 km by the people of Meghalaya opposing the construction of fencing along India-Bangladesh border. The State of Meghalaya has been requested to resolve c the issue expeditiously. It may be mentioned that where construction of fencing work is in progress or fencing is to be constructed in future, in such areas the presence of BSF will be increased to ensure that illegal Bangladeshi nationals may not sneak into the Indian territory clandestinely. (vii) Construction of roads: To facilitate proper patrolling by the BSF along lndo-Bangladesh border, a project for construction of road has been undertaken. Construction of 4379 km length of road along lndo-Bangladesh border has been sanctioned. Out of which 3769. 9 km construction work has been completed and work is in progress in 160.23 km which is likely to be completed by May 2016. In 222.07 km construction work is not feasible due to hilly terrain/low-lying areas. Work in 52.153 km is at estimate/revised estimate stage. In 174. 65 km work cannot be started due to various · reasons mainly delay in land acquisition by the State Governments concerned. Matter has been . G taken up with the State Governments of Meghalaya, Tripura, West Bengal and Ass.am for early acquisition of land for construction of roads. Matter is being followed up with them regularly. H

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A (viii) Installation of Flood lights along lndo-Bangladesh border: Further, a project worth Rs. 1327 crore for installation of flood lights along the border to keep close vigil at night has been started in 2840 km along lndo-Bangladesh border areas. Work has B been completed in 1874 kms. Work is in progress in 330 km .. which is likely to be completed by May

2016. Installation of flood lights is not feasible in 219.4 km due to low-lying arealdifficulthil/y terrain. It may be mentioned that the flood lights can be c installed only after construction of fence and roads along the border. Therefore, the work of floodlights in about 416.6 km. could not be started due to pending fence work. As stated above, the matter has been taken up with the State Governments of o Meghalaya, Tripura, West Bengal and Assam for early acquisition of land. Matter is being followed up with them regularly. (ix) Initially, 802 Border Out Posts (BOPs) were set up along lndo-Bangladesh border for effective E. guarding of the border. In order to reduce the gap between the two BOPs, 383 additional BOPs have been sanctioned. Out of these, 65 BOPs have been established. Work is going on in 78 BOPs which is targeted to be completed by December, 2016. For F the remaining BOPs, work can be started only after the acquisition of land by the State Governments concerned. Matter has been taken up with the State Governments ofMeghalaya, Tripura, West Bengal and Assam for early acquisition of land for G construction of BOPs. Matter is. being followed up with them regularly. (x) BSF has deployed 28 numbers of speed boats (single engine), 40 numbers of rigid inflatable speed boats, 48 ·numbers of aluminium country H

ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF . 813 INDIA& ORS. [R. F. NARIMAN, J.) ' boats, 2 double 'engine speed boats, 58 engine A· fitted country'boats along lndo-Bang/adesh bor<Jer (Assam sector) for guar<Jing of riverine areas. In order to make effective guarding o( riverine international border.additional 1.0 double engine speed boats and five 20 meters medium vessels B wili be procured within six to 12 months. Effective guar<Jing of riverine oreas in other sectorS are also being done by the BSF. . (xi) It may be mentioned that the timelines indicated above, for the border infrastructure works, are tentative in nature and the targets are subject to. the condition that the "in-progress" works are no( stalled due to the unforeseen situations iike floods, /and-slides, public protests, litigations, etc. Further,• . . it is stated that the sanctioned and completed 0 · status of the border infrastructure mentioned in · paras (vi) to (ix) are dynamic in nature due to the difficult terrain along the bor<Jer areas coupled with floods, land-slide, breach in fence: etc. . . . (xii) Regular village co-or<Jination m~etings are being . E . · organised by the field commanders of BSF to sensitise the bor<Jer popi.Jlatiori. Further, effective action will be taken for sensitising the villagers · living along the border areas, particularly in case F any new person is seen in the village, they should report. the matter to the local police chowki. · ·· Besides, village defence parties shall also be activated within one month along the international ._ . bor<Jer to keep close vigil in _this regard who will G. report to the local Police Stations. . (xiii)3153 Security personnel provided to the State of Assam tinder Prevention of Infiltration of Foreigners (P/F) scheme to act as second line of defence and assist the BSF to check the illegal H

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A infiltration from Bangladesh. The State of Assam will be advised to use and deploy the PIF personnel to act effectively with .immediate effect. . ' ' (xiv) 4 additional battalions of BSF will be raised in the next financial year 2015-16 for deployment along B the international lndo Bangladesh border. Out of 4 BSF battalions, . one ;'each will be deployed along lndo-Bangladesh border (Assam sector and West Bengal sector), remaining two will be as training battalions." c

43Copy pinpoint43. In addition to what has been extracted above, the Union, in the affidavit filed, has also stated that for the purpose of detection of illegal migrants'500 police units/task force will be activated in the State within one month.

44Copy pinpoint44. The affidavit ofthe Union also indicates that in addition to the 36 Foreigners Tribunals which are claimed to be functioning in the State ofAssam, 64 additional Tribunals have been sanctioned in June, 2013. The affidavit of the State of Assam indicates that steps· are underway for making the E aforesaid Tribunals functional.

45Copy pinpoint45. Insofar as the mechanism of deportation of illegal migrants after they are detected to be illegal migrants is concerned, paragraph 25 of the affidavit of the Union which deals with the said aspect of the matter may also be noticed: F "25. It is submitted that the existing mechanism! procedure for verification of nationality inter alia include that State Government provides details of declared person in a prescribed format· indicating full details! contact address in Bangladesh including photographs G to the Ministry of Home Affairs. Such cases received from the State Government are referred to the Ministry of External Affairs for taking up the matter of verification of nationality with Bangladesh authorities through . diplomatic channel. The Ministry of External Affairs

ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF 815 INDIA& ORS. [R. F. NARIMAN, J.]

refers such cases to Bangladesh authorities. Such A cases are investigated by the Bangladesh Home Ministry and they send their report to Bangladesh Foreign Ministry. In tum they intimate Indian Ministry of External.Affairs about the nationality verification or status of such persons. If some of the cases are not B · confirmed by them, in that event we request the Bangladesh authorities from the Bangladesh High Commission or Deputy High Commissions in Kolkata or Mumbai, as the case may be, to avail of consular access for interaction with such detained persons. The c Bangladesh authorities depute their represe_ntative for interaction with such persons who are detained in detention centres/jails. If such persons disclose their addresses in the Bangladesh then their nationality is confirmed. Some of them still claim that they are Indian o nationals and in thatevent Bangladesh authorities are unable to confirm/nationality of such persons. Persons whose nationalities are confirmed by the Bangladesh authorities, are repatriated to Bangladesh immediately. It is men,tioned that many of the declared illegal E . migrants do.not disclose their address, cbntacts of their relatives in Bangladesh. In such cases, it becomes very difficult for Bangladesh authorities for verification of nationality of these persons. In the current years nationality of 32 Bangladeshi nationals who were in the detention centres/jails in Assam were confirmed by the . Bangladesh authorities and they· have been repatriated."

46Copy pinpoint46. On an overall consideration of the immediate dimensions of the issues and the potential that the same have for the future we issue the following directions under Article 142 of the Constitution of India.

816 SUPREME COURT REPORTS [2014] 14 S.C.R.

A I. Border fencing, Border Roads and provision for flood lights · The Union will take all effective steps to complete the fencing (double coiled wire fencing) in such parts/portions of the lndo-Bangla border (including the State of Assam) where presently the fencing is yet to be completed. The vigil along the riverine boundary will be effectively maintained by continuous patrolling. Such part of the international border which has been perceived to be inhospitable on account of ·the difficult terrain will be patrolled and monitored at vulnerable points that could provide means of ii.legal entry. Motorable roads alongside the international border, wherever incomplete or have not yet been built, will be laid so as to enable effective and intensi\le patrolling. Flood lights, wherever required, will also be provided while maintaining the present arrangements. D The completed part of the border fencing will be maintained and repaired so as to constitute an effective barrier to cross border trafficking. '' I The progress achieved at the end of 3 months from today as against the position on the ground mentioned in the affidavit of the Union extracted above will be monitored by this Court and, depending on what is revealed upon such monitoring, further directions including a definite time schedule for completion of the works relating to border fencing, border roads and flood lights may be made by this Court. II. Foreigners Tribunals The Gauhati High Court is requested to expedite and to finalise the process of selection of the Chairperson and Members of the Foreigners Tribunals, if required in phases, depending on the availability of officers opting to serve in the Tribunals. Within 60(sixty) days of the selection being finalized by the Gauhati High Court, the State of Assam will ensure that the concerned Foreigners Tribunal become operational.

ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF 817 INDIA&ORS. [R. F. NARIMAN, J.]

The Chief Justice of the Gauhati High Court is requested A to monitor the functioning of the Tribunals by constituting a Special Bench which will sit at least once every month to oversee ·, . the functioning of the Tribunals. Ill. Existing Mechanism of Deportation of Declared Illegal Migrants B

While taking note of the existing mechanism/procedure for deportation keeping in view the requirements of international protocol, we direct the Union of lridia to enter into necessary discussions with the Government of Bangladesh to streamline c the procedure of deportation. The result of the said exercise be laid before the Court on the next date fixed. 4 7. The implementation .of the aforesaid directions will be monitored by.this Court on the expiry of three months from today. In the event it becomes so necessary, the Court will entrust such monitoring to be undertaken by an empowered committee which will be constituted by this Court, if and when required.

48Copy pinpoint48. Insofar as Writ Petition (C) No. 274/2009 is .concerned, we are of the view that on and from the date of this judgment the following time schedule should govern the work ofupdating of the NRC in Assam so that the entire updated NRC is published by the end of January, 2016.

1. Preparatory work such as selection of vendor system F (system integrator); development by system integrator; appointment of staff and training etc. has already been directed to be completed by the end of January 2015 by order dated 27.11.2014 of the Court. G

2. The remaining .work of updating the NRC will now conform to the following time schedule which will be stridly adhered to.

818 SUPREME COURT REPORTS [2014] 14 S.C.R.

A SI. Task Period in Start End No. Months ·-- ·--~-~

I. Publication of Records- I February, 2015 February, 2015· I Search/looking up of linkage l~y publi~ r ----- ---- -- ---- - -

B 2. ! Receipt of 3 March, 2015 May,2015 appli.;alions -------

3. V'erification 4 June, 2015 September, 2015

4. Draft Pub Iicaiion I st October, 2015 c

5. Receipt of Claims & I October, 2015 October, 20 l 5 . Objections --- - ·-

6. Disposal of Claims & 2 Nove1nber, Dece1nber, 2015 Objections 2015 .

I Janu~ry, 51

D 7. Finalization of final updated NRC 2016 - .. -- -- - - - ----- Total Time Period II in Months

49Copy pinpoint49. All the cases be listed in the last week of March, 2015 E to take note of the progress of implementation of the above directions.

Kalpana K. Tripathy Directions issued.