Remove yourselves from India in 24 hours: Assam – relying on dormant 1950 Act – gives ultimatum to 15 people

Invoking the 1950 Act, the orders direct the individuals to “remove yourself from the territory of Assam, India. within 24 hours from receiving this order via the Dhubri/Sribhumi/South Salmara-Mankachar route”, ostensibly to Bangladesh.

The 15 are residents of different villages and towns in Nagaon district and had been declared foreigners by tribunals in different cases over the years.

“They had filed cases in the High Court, but the court did not uphold their plea. They will be removed in due course of time under the supervision of the SP,” said Sharma.

In September this year, the Assam cabinet had approved an SOP for the 1950 Act, which has been dormant since that year itself.

The IEAA 1950 was a legislation drafted by the Union Government of the time, following pressure from the then Assam government about the need for measures to check migration from then East Pakistan in the years following the Partition.

The Act stated that if the Central government was of the opinion that the stay of any person – who was ordinarily resident of any place outside India and had come to Assam either before or after the commencement of the Act – “is detrimental to the interests of the general public of India or any section thereof or of any Scheduled Tribe in Assam”, it could direct such a person to “remove himself or themselves” from Assam or India “within such time and by such route as may be specified in the order.” It states that the central government can delegate this power to any officer of the Central government or the Assam government.

The formal process of deportation entails a handover to the authorities of the other country after mutual verification that an individual is a national of the other country. Assam Chief Minister Himanta Biswa Sarma claimed that its plan of action under the 1950 Act will also enable it to “bypass diplomatic channels.”

The first known invocation of this Act had been made last month by the Sonitpur DC, who had issued orders directing five people – who had been declared foreigners this year – to “remove” themselves. However, they could not be found at their village, with locals saying they had left years ago.