'Go To HC': Supreme Court Rejects Plea Challenging Assam Govt's 'Pushback Policy' To Tackle Infiltration From Bangladesh

The Supreme Court today refused to entertain a writ petition challenging Assam government's 'push-back policy' for tackling infiltration from Bangladesh.

A bench of Justices Sanjay Karol and Satish Chandra Sharma heard the matter.

During the brief hearing, Justice Sharma told Senior Advocate Sanjay Hegde (for petitioner), "69 people are being deported, please go to the Guwahati High Court". When the bench expressed an inclination to dismiss the case, Hegde sought permission to withdraw it with liberty to approach the High Court.

Ultimately, the case was dismissed as withdrawn.

The petition, filed by All BTC Minority Students Association, alleged that the State government was arbitrarily pushing genuine citizens to Bangladesh border without following due process under the guise of deporting illegal migrants.

Notably, on February 4, a bench of Justices Abhay S Oka and Ujjal Bhuyan had directed the State of Assam to immediately initiate process of deporting 63 declared foreigners, whose nationality was known. In the said case, nationality of the 63 persons was confirmed to be Bangladeshi by the Ministry of External Affairs and the Government of Bangladesh.

Following the above, the present petition was filed stating that "under the guise" of implementation of order dated February 4, a grave violation of fundamental rights was taking place due to deportation of Indian citizens. "State of Assam has reportedly launched a sweeping and indiscriminate drive to detain and deport individuals suspected to be foreigners, even in the absence of Foreigners Tribunal declarations, nationality verification, or exhaustion of legal remedies" the plea stated.

Such a 'Push Back Policy' of the State of Assam was violative of Articles 14, 21 and 22, the petitioner urged. The policy was also contended to be in violation of the decision in In Re: Section 6A of the Citizenship Act 1955, where the Court upheld the constitutional validity of Section 6A of the Citizenship Act 1955, which recognized the Assam Accord, by a 4:1 majority.

On May 30, the case was mentioned before a CJI-led bench by AoR Adeel Ahmad for urgent listing.

To know more about Assam's push-back policy, click here.

Case Title: ALL B.T.C. MINORITY STUDENTS UNION (ABMSU) Versus UNION OF INDIA AND ORS., W.P.(C) No. 562/2025 

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