The Supreme Court on Friday stayed the deportation of four women from Assam who had been declared foreigners by Foreigners’ Tribunals, directing that no coercive action be taken against them until their petitions are heard. The order provides interim relief to the petitioners, who have challenged tribunal findings upheld by the Gauhati High Court.

A vacation bench comprising Justices Vikram Nath and V. Mohana issued notices to the Centre, the Assam government and the Election Commission of India while maintaining status quo in the matter. The petitioners — Basiran Nessa, Saleha Khatun, Nureza Begum and Sarbhanu Begum — had approached the apex court after their appeals were dismissed by the High Court.

The women are currently lodged in the Goalpara Detention Centre after being declared foreigners by Foreigners’ Tribunals in Assam. Their cases had earlier been examined by the tribunals, which concluded that they had failed to establish their Indian citizenship, findings that were subsequently upheld by the Gauhati High Court.

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One of the petitioners, Sarbhanu Begum, has argued that she was wrongly declared a foreigner due to minor spelling discrepancies in official documents, including variations in the recording of her name. Her plea claims that she has been detained since March 2 and that the decision violates established legal principles, which state that minor inconsistencies in rural records should not override substantive evidence of citizenship.

Similarly, Saleha Khatun has challenged the tribunal’s decision, stating that she is an impoverished and illiterate woman who has been wrongly deprived of her liberty despite what she describes as substantial documentary and oral evidence supporting her claim to Indian citizenship. She has argued that her family’s names appear in pre-1971 electoral rolls and legacy data, and that multiple supporting documents were submitted before the tribunal.

Her petition contends that the tribunal rejected key evidence on technical grounds, including alleged discrepancies in names and details, and that linkage certificates were dismissed solely because the issuing authorities were not examined. It further argues that such certificates are especially important in cases involving married women who may not retain extensive records in their parental homes.

According to court filings, both petitioners maintain that the tribunals failed to properly assess the evidence presented, while the Gauhati High Court later upheld those findings.  Their appeals before the Supreme Court argue that the decisions have resulted in wrongful detention and a denial of fundamental rights. The Supreme Court has now directed all respondents to file their replies and will hear the matter in due course. Until then, the court has ordered that no deportation or coercive action be taken against the petitioners, ensuring continued protection while the legal challenge remains pending.

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