The Supreme Court on Friday stayed the possible deportation of Saleha Khatun and Sarbhanu Begum, who were declared foreigners by a tribunal in Assam and lodged in a detention centre. The court also issued a notice to the Centre on their pleas.
SC Stays Deportation of Assam Women
The Supreme Court on Friday stayed the possible deportation of two women — Saleha Khatun and Sarbhanu Begum — who are alleged to have been detained after being declared foreigners by a Foreigners Tribunal in Assam. Both women have been lodged in the Goalpara Detention Centre since March 2026.
A vacation bench of Justices Vikram Nath and V. Mohana also issued notice to the Union Government and sought its response on petitions filed by four women, including the two detainees, who have been declared foreigners by the Foreigners Tribunal. The Court has listed the case for further hearing on July 16.
In the meantime, the Court directed that if the two detainees continue to remain in detention, they shall not be deported until the next date of hearing.
“If they are in detention, they will not be deported till next date”, the Court noted.
Appeals Against Foreigners Tribunal Orders
The case pertains to separate pleas filed by four women, all challenging the orders of the Foreigners Tribunal in Assam that declared them as ‘foreigners.’ While Saleha and Sarbhanu have been detained by the authorities, all four, including Basiran Nessa and Musst Nuzera Begum, fear deportation.
On August 30, 2018, the Foreigners Tribunal (5th), Darrang, Mangaldai, declared Saleha Khatun a foreigner. The Gauhati High Court upheld the Tribunal’s order on December 5, 2025.
Similarly, on December 13, 2018, the Foreigners Tribunal declared Sarbhanu Begum a foreigner, and the Gauhati High Court affirmed that order on December 9, 2025.
Saleha Khatun has challenged the Foreigners Tribunal’s opinion declaring her a foreigner, contending that despite documentary and oral evidence linking her to pre-1971 Indian ancestors reflected in electoral records and NRC legacy data, her claim was rejected on the basis of minor discrepancies in names and records. She also argues that the Gauhati High Court mechanically affirmed the Tribunal’s findings without properly examining the evidence.
Similarly, Sarbhanu Begum has also challenged the Tribunal’s declaration, asserting that she had produced documentary and oral evidence establishing her Indian citizenship and lineage traceable to pre-1971 electoral records. According to her plea, the Tribunal discarded material evidence over trivial discrepancies and rejected linkage certificates despite corroborative testimony.
Hearing Details and Counsel Arguments
The two detained women are being represented by Advocate Fuzail Ahmad Ayyubi.
During the course of the hearing today, counsel representing the duo submitted that their clients fear being deported by the authorities, as they have already been kept in detention. He sought that the Court grant a temporary stay against any possible deportation.
Initially, the Court was reluctant in granting the specific relief sought. It was of the view that when the case is being examined by the Court and a status quo has already been ordered, then a specific stay direction is not necessary. However, it subsequently ordered a stay in any possible deportation of the detainees until the court examines the matter, after the petitioners’ counsel submitted that they fear deportation, as they have already been taken into custody.
The Court is set to hear pleas filed by all four women contesting the Foreigners Tribunals’ opinion declaring them as foreigners on July 16. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)