Gauhati High Court Raises Alarm Over Unapprehended Foreign Nationals in Assam

The Gauhati High Court has expressed serious concerns regarding the failure to detain and expel over 116,000 declared foreign nationals in Assam. The court emphasized the responsibilities of both Central and State Governments in maintaining national integrity. A recent case involving a woman declared a foreign national highlighted the grim situation, as her legal challenges have been exhausted. The court's ruling underscores the complexities of the legal framework governing foreign nationals and the constitutional protections available. This alarming situation raises questions about the effectiveness of current immigration policies and the urgent need for action.

By Narendra Chaudhary Nov 15, 2026, 10:59 IST

Concerns Over Foreign Nationals in Assam

A file image of Gauhati High Court. (AT Photo)

Guwahati, Nov 15: The Gauhati High Court has voiced serious concerns regarding the inability to detain and deport 116,946 declared foreign nationals across the 36 districts of Assam, labeling the situation as a “very grim picture.” The court emphasized that both the Central and State Governments hold a responsibility to maintain the unity and integrity of the nation.

A division bench comprising Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita made these remarks while denying a request for the release of a woman identified as a foreign national by the Foreigners Tribunal in Jorhat, whose detention continues as arrangements for her expulsion from India are pending.

The High Court highlighted that data provided by the Senior Superintendent of Police (Border), Assam, indicated that as of June 30, 2026, 116,946 declared foreign nationals had not yet been apprehended or expelled.

“This presents a very grim picture regarding the expulsion of foreigners and declared foreign nationals in Assam,” the Bench noted.

The individual in question was declared a foreigner by the Foreigners Tribunal in December 2018 after failing to prove her Indian citizenship as required under Section 9 of the Foreigners Act, 1946. The Tribunal concluded that she had entered India illegally after March 25, 1971.

Her appeal against the Tribunal's decision was rejected by the Gauhati High Court in October 2020, and her Special Leave Petition was dismissed by the Supreme Court in November 2025, with a subsequent review petition also being denied in March 2026.

In opposition to her plea, the State argued that the petitioner had exhausted all legal options and that measures were in place for her expulsion from India. The State also informed the Court about the remaining 116,946 declared foreign nationals yet to be apprehended.

In reviewing the legal framework surrounding the detention of foreigners, the High Court referenced Sections 3(2)(g) and 4 of the Foreigners Act, 1946. Section 3(2)(g) grants the Central Government the authority to order the arrest and detention of foreigners, while Section 4 pertains to their detention or confinement.

The Bench noted that the petitioner’s status as a declared foreign national had become final after her unsuccessful challenges in both the High Court and the Supreme Court.

The Court also considered Article 22 of the Constitution, which offers protections against arrest and detention. It pointed out that under Article 22(3), the constitutional protections in clauses (1) and (2) do not apply to enemy aliens and individuals detained under preventive detention laws.

“Thus, such illegal migrants are excluded from the protections under Article 22 of the Constitution of India due to the exclusion specified in clause 3 of Article 22,” the Court stated.

Finding no basis to order her release, the High Court ultimately dismissed the writ petition.