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Abdul Rahim Alias Md Rahim Sheikh vs The Union Of India And 6 Ors on 19 December, 2025 cites

Sarbananda Sonowal vs Union Of India & Anr on 12 July, 2005

In light of the observations made in the case of Sarbananda Sonowal (supra) that Assam is facing external aggression and reference being made to the excerpts of "Eastern Pakistan; its population & economics", the book by a pro-India leader Sheikh Mujibur Rahman, where it is observed, "Because Eastern Pakistan must have sufficient land for its expansion and because Assam has abundant forests and mineral resources, coal, petroleum etc., Eastern Pakistan must include Assam to be financially and economically strong.", the question would arise as to how can the Country deport a "declared foreign national", who has entered into Assam illegally after 25.03.1971, if the specified territory, i.e. the present Republic of Bangladesh refuses to acknowledge and/or admit that the proceedee as their subject and deny to take those persons into their Country. In the considered opinion of the Court, the State has unfettered power to cause expulsion of a declared foreign national. Therefore, in the event a "declared foreign national" cannot be expelled due to any reason whatsoever, including the policy in force, then the only way open to the State would be to prevent a declared foreign national from getting Page No.# 32/33 employment, purchase land, marry Indian national, etc., by detaining such "declared foreign national" in the holding areas ear-marked for the purpose. Accordingly, the act of the appropriate Government to keep in holding camps, a "declared foreign national" and/or "foreigner" as declared by a Foreigners Tribunal, cannot be faulted with or equated to arrest as is understood under Criminal Procedure Code and/or Bharatiya Nagarik Suraksha Sanhita, which confers certain procedural safeguards for citizens of India, who are arrested in connection with some criminal offence.
Supreme Court of India Cites 79 - Cited by 123 - G P Mathur - Full Document
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