Petition filed in HC challenging Assam govt’s ‘pushback’ policy to Bangladesh

A petition has been filed in the Guwahati High Court challenging the Assam government’s policy of ‘pushback’—sending people identified as ‘foreigners’ back to Bangladesh. The petition was submitted by the All BTC Minority Students Union, which claims that this policy is illegal and unconstitutional.

According to The Indian Express, the Union had approached the Supreme Court, but the court declined to hear the case and advised them to take the matter to the High Court instead.

The case was heard on Friday (June 27) by a bench comprising Judges Manish Choudhury and Mitali Thakuria. During the hearing, the judges requested the petitioners’ lawyers to submit detailed information about the individuals directly impacted by the pushback policy.

The petitioners’ lawyer, A.R. Bhuyan, informed the court that he has obtained a list of individuals who were detained and pushed back to the border. He stated that these people were residing within Indian territory, but their whereabouts have been unknown since the pushback. He assured the court that a detailed affidavit containing the names and addresses of the affected individuals will be submitted by July 14.

Senior lawyer Sanjay Hegde, participating in the hearing via video conference, argued that the Assam government is carrying out pushbacks without any legal authority. He clarified that while stopping someone before they cross the border can be considered pushback, forcibly sending back individuals who are already inside India without due legal process or trial is illegal.

The petitioners have urged the court to ensure that no one is returned to Bangladesh without following proper legal procedures. They emphasized that the pushback practice violates not only human rights but also the Constitution and laws of India.

The next hearing is scheduled for July 14.