The Supreme Court has intervened to halt the possible deportation of two women detained in Assam after being declared foreigners by a Foreigners Tribunal. On Friday, a vacation bench comprising Justices Vikram Nath and V. Mohana ordered that Saleha Khatun and Sarbhanu Begum, who have been lodged in the Goalpara Detention Centre since March 2026, shall not be deported until the next hearing scheduled for July 16.
The Court also issued notices to the Union Government, seeking its response to petitions filed by four women challenging the Tribunal’s orders.
The case involves separate pleas filed by Saleha Khatun, Sarbhanu Begum, Basiran Nessa, and Musst Nuzera Begum, all of whom fear deportation after being declared foreigners. Saleha and Sarbhanu, currently in detention, argue that despite producing documentary and oral evidence linking them to pre-1971 Indian ancestors reflected in electoral rolls and NRC legacy data, their claims were rejected due to minor discrepancies in names and records.
Both women contend that the Gauhati High Court mechanically upheld the Tribunal’s findings without proper scrutiny of the evidence.
Saleha was declared a foreigner by the Foreigners Tribunal in Darrang, Mangaldai, on August 30, 2018, a decision upheld by the Gauhati High Court in December 2025. Similarly, Sarbhanu was declared a foreigner in December 2018, with the High Court affirming the order in December 2025.
Their counsel, Advocate Fuzail Ahmad Ayyubi, submitted that the detainees fear imminent deportation, prompting the Court to grant a temporary stay despite initial reluctance. The bench clarified that while the matter is under judicial consideration, deportation will remain suspended until further examination.
The petitions highlight concerns over the rejection of material evidence and the dismissal of linkage certificates despite corroborative testimony. The Supreme Court’s order provides temporary relief to the detainees, ensuring they remain in India until the next hearing, when the Court will further deliberate on the validity of the Tribunal’s declarations.
