New Delhi, Dec 17 (IANS) The Supreme Court Wednesday asked the central government to complete the fencing of the India-Bangladesh border where it has not been done to check illegal immigration. 'The Union (central government) will take all effective steps to complete the fencing (double coiled wire fencing) in such parts/portions of the Indo-Bangla border (including the state of Assam) where presently fencing is yet to be completed,' the bench of Justice Ranjan Gogoi and Justice Rohinton Fali Nariman said in their judgment on a number of petitions. The court also referred to the constitution bench the validity of section 6A of the Citizenship Act

New Delhi, Dec 17 (IANS) The Supreme Court Wednesday asked the central government to complete the fencing of the India-Bangladesh border where it has not been done to check illegal immigration.

"The Union (central government) will take all effective steps to complete the fencing (double coiled wire fencing) in such parts/portions of the Indo-Bangla border (including the state of Assam) where presently fencing is yet to be completed," the bench of Justice Ranjan Gogoi and Justice Rohinton Fali Nariman said in their judgment on a number of petitions.

The court also referred to the constitution bench the validity of section 6A of the Citizenship Act. The said provision was enacted after the AASU-Centre accord in 1985.

Noting that the Assam portion of the border with Bangladesh was 267 km long, out of which 44 km was riverine, Justice Nariman said: "We are at a loss to understand why 67 years after independence, the eastern border is left porous.

"We have been reliably informed that the entire western border with Pakistan being 3300 km long is not only properly fenced but properly manned as well and is not porous at any point."

"We are given to understand that most parts of the border with West Bengal and other northeastern states are also porous and very easy to cross," the court said.

Coupled with the direction for the fencing of the border stretch yet to be covered, the court said the "vigil along the riverine boundary will be effectively maintained by continuous patrolling".

"Such part of the international border which has been perceived to be inhospitable on account of the difficult terrain will be patrolled and monitored at vulnerable points that could provide means of illegal entry."

Motorable roads along the international border, wherever incomplete or have not yet been built, will be laid so as to enable effective and intensive patrolling, the court said adding that floodlights, wherever required, would also be provided while maintaining the present arrangements.

The court also directed the setting up of foreigners tribunals and streamlining the existing mechanism of deportation of declared illegal migrants in consultation with the Bangladesh government.

"We direct the Union of India to enter into necessary discussions with the government of Bangladesh to streamline the procedure of deportation. The result of the said exercise be laid before the Court on the next date fixed," the court said.

The court asked the Gauhati High Court to expedite and finalise the process of selection of the chairperson and members of these tribunals within 60 days.

Giving the option of setting up of the foreigners tribunals in phases depending on the availability of officers, the court said the Assam government would ensure that the tribunal become operational.

The court asked the Gauhati High Court chief justice to monitor the functioning of the tribunals by constituting a special bench which will sit at least once every month to oversee the functioning of the tribunals.

Commenting on the working of the tribunals for the identification of illegal migrants, the court said: "It will be seen that the number of tribunals set up is abysmally low resulting in an abysmally low number of decisions by these tribunals."

"What is interesting to know is that whereas almost 1,50,000 persons were deported between 1961 to 1965 under the Immigrants (Expulsion of Assam) Act, 1950, the number of deportations from 1985 till date is stated to be a mere 2,000 odd.

"Even these deportees are mostly if not all 'push backs' which results in the same deportees coming back post deportation from a border which is completely porous," the court said in apparent disapproval of the way things were being handled.

The court issued directions to the central and Assam governments to "ensure that effective steps are taken to prevent illegal access to the country from Bangladesh" and to detect foreigners belonging to the stream of Jan 1, 1966 to March 24, 1971 so as to detect and deport all illegal migrants who have come to Assam after March 25, 1971.

The court said it would monitor the implementation of its directions on the expiry of three months from Wednesday.

"In the event it becomes so necessary, the court will entrust such monitoring to be undertaken by an empowered committee which will be constituted by this court, if and when required", the court said, leaving no doubt about the seriousness it attaches to the issue of deporting illegal Bangladeshi nationals.

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