Delhi comes clean on Migrants Act amendments
The Centre today clarified to the Supreme Court that there is no provision in the Foreigners (Tribunals for Assam) Order that puts the burden of proving whether a person is a foreigner on the complainant.
Making the submission in court, solicitor-general G.E. Vahanvati sought time to respond to petitions challenging the constitutional validity of the controversial amendment to the Foreigners Act, which has supposedly made deportation of illegal migrants more difficult to accomplish.
Justice S.B. Sinha directed the Centre and the Assam government to file their affidavits by Thursday. The next hearing is slated for Monday, when the court is expected to hear arguments on the plea for an interim stay on the February 10 notifications that introduced amendments to the Foreigners (Tribunal) Order of 1964.
Assam BJP leader Charan Chandra Deka said in his petition that the Foreigners (Tribunal) Amendment Order and the Foreigners (Tribunals for Assam) Order notified by the Centre had created a parallel and cumbersome adjudication system to deport an illegal migrant from the state. He claimed that the notifications were aimed at nullifying the apex courts judgment against the Illegal Migrants (Determination by Tribunals) Act, which was applicable only to Assam.