The Supreme Court on Friday stayed the possible deportation of two women detained in Assam after being declared foreigners by a Foreigners Tribunal, while seeking responses from the Centre on petitions challenging the tribunal's orders.
A vacation bench comprising Justices Vikram Nath and V Mohana issued notices to the Union government on pleas filed by four women who have been declared foreigners by Foreigners Tribunals in Assam.
The court directed that if the two detained women, Saleha Khatun and Sarbhanu Begum, continue to remain in custody, they shall not be deported until the next hearing.
“If they are in detention, they will not be deported till next date,” the bench observed.
Both women have been lodged at the Goalpara Detention Centre since March 2026. The court has listed the matter for further hearing on July 16.
The case concerns separate petitions filed by four women challenging orders of Foreigners Tribunals that declared them foreigners. Besides the two detainees, Basiran Nessa and Musst Nuzera Begum have also approached the apex court fearing deportation.
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Saleha Khatun was declared a foreigner by the Foreigners Tribunal (5th), Darrang, Mangaldai, on August 30, 2018. The Gauhati High Court upheld the order on December 5, 2025.
Similarly, Sarbhanu Begum was declared a foreigner on December 13, 2018, and the High Court affirmed the tribunal's decision on December 9, 2025.
In their petitions, the women contended that they had produced documentary and oral evidence linking them to pre-1971 Indian ancestors through electoral records and NRC legacy data. They alleged that the tribunals rejected their claims over minor discrepancies in names and records and failed to properly appreciate the evidence on record.
Appearing for the detained women, advocate Fuzail Ahmad Ayyubi urged the court to grant protection against deportation, arguing that his clients feared immediate removal as they were already in detention.
After initially expressing reservations, the bench ultimately directed that no deportation take place until it examines the matter further.
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