Thursday, July 14 2005 16:29 Hrs (IST) - World Time -

New Delhi: : Indicating a major constitutional failure, the Supreme Court has ruled that the Centre has not done its duty to protect Assam from "external aggression" due to continuance of the IMDT Act (Illegal Migrant (Determination by Tribunal) Act) encouraging rampant illegal migration from Bangladesh.

Striking down the IMDT Act as unconstitutional, a Bench of Chief Justice R C Lahoti, Justice G P Mathur and P K Balasubramnyan said the law on illegal migrants enacted by the Centre for Assam "negated the mandate" of Article 355 of the Constitution casting a duty on it to protect every state against external aggression and internal disturbance.

The Court took serious note of the report of then Assam Governor Lt Gen S K Sinha to the Centre in 1998 about the migration changing the demography in several districts of the State and encouraging insurgency in the entire region.

"This being the situation there can be no manner of doubt that the State of Assam is facing external aggression and internal disturbance on account of large-scale illegal migration of Bangladesh nationals," Justice Mathur, writing the unanimous judgement, said.

Illegal migrants, threat for National security

The influx of Bangladeshi nationals who have illegally migrated into Assam posed a threat to the integrity and security of the north-east region, the apex Court said.

Terming the IMDT Act as the "main barrier" in identification and deportation of illegal migrants, the Court said the Act came "to the advantage of such illegal migrants as any proceedings initiated against them under the said provision almost entirely ends in their favour, enables them to have a document having official sanctity to the effect that they are not illegal migrants".

The Court said "the presence of such a large number of illegal migrants from Bangladesh, which runs into millions, is in fact an "aggression" on the State of Assam and has also contributed significantly in causing serious "internal disturbances" in the shape of insurgency of alarming proportion making the life of people of Assam wholly insecure and the panic generated thereby has created a fear psychosis."

This has resulted in hampering the growth of the State of Assam although it has vast natural resources as people from the rest of the country have a general perception that it was a disturbed area curtailing the investment and employment opportunities, it said.

"The impact is such that it not only affects the State of Assam but it also affects its sister States like Arunachal Pradesh, Meghalaya, Nagaland etc., as the route to the said places passes through the State of Assam," Justice Mathur said.

Central Govt should prevent illegal trespassing

The Court was of the opinion that by enacting the IMDT Act, Parliament had divested the Central Government of the power to remove migrants from Bangladesh, whose presence was creating serious law and order problem, which fact had been realised by the Central Government as early as 1950.

"It is the foremost duty of the Central Government to protect its borders and prevent trespass of foreign nationals," Justice Mathur said but pointed out that the presence of the illegal migrants has changed the demographic character of that region and the local people of Assam have been reduced to a status of minority in certain districts.

"If an Act made by the legislature has the disastrous effect of giving shelter and protection to foreign nationals who have illegally transgressed the international border and are residing in India and further the Act is unconstitutional, any citizen is allowed to bring it to the notice of the Court," he said rejecting the state's plea challenging AGP MP Sarbanand Sonowal's locus standing.

The Court also faulted the IMDT legislation under Article 14 guaranteeing right to equality as the law was enacted only for the State of Assam where as a more stringent law under Foreigners Act was applicable to the rest of the Country.

It said the provisions of Foreigners Act were more effective in identification and deportation of foreigners who have illegally crossed the international border and have entered India without any authority of law and have no authority to continue to remain in India.