Court Mandates Time-Bound Disposal of Representation for Deportation and Repatriation of Foreign Nationals

In brief

The question

1. Whether the Court should direct the state authorities to expedite the process of deportation and repatriation of the petitioners to Myanmar.

The court held

The Court disposed of the Writ Petition by directing Respondent No. 3 (Commissioner (Home), Manipur) to dispose of the petitioners' representation dated April 15, 2026, on its own merits and in accordance with law

It also directed

The order must be a speaking order, passed and served upon the petitioners within five working days of the decision, and the entire process must be completed on or before May 29, 2026. All legal questions raised in the petition remain open for future challenge if the petitioners are aggrieved by the final administrative order

01Facts

The three petitioners, Myanmar nationals, were arrested by the Assam Rifles on October 5, 2021, for allegedly entering Indian territory illegally and possessing forged documents. An FIR was registered under Sections 468/471 of the IPC, Section 51(b) of the Disaster Management Act, 2005, and Section 14 of the Foreigners Act, 1946

p. 3

Although Petitioner No. 1 was granted bail and a release order was issued on March 2, 2024, the petitioners remained in the Women Foreigners Detention Centre at Manipur Central Jail

p. 3

A communication dated November 24, 2025, identified the petitioners for potential deportation

pp. 3-4

The petitioners submitted a representation on April 15, 2026, to the Commissioner (Home), Government of Manipur, seeking repatriation, which remained pending

pp. 4-5

02Issues

i.1. Whether the Court should direct the state authorities to expedite the process of deportation and repatriation of the petitioners to Myanmar.

p. 8 / para. 12

ii.2. Whether the pending representation dated April 15, 2026, submitted by the petitioners warrants a time-bound disposal by the respondent authorities.

pp. 4-5 / para. 9

03Law Applied

The court's reasoning was guided by Section 11(1) of the Foreigners Act, 1946, which pertains to the power of the government regarding the repatriation or removal of foreigners from India

p. 4

The Court also exercised its discretionary jurisdiction under Article 226 of the Constitution of India to ensure administrative accountability and the timely disposal of representations concerning personal liberty and citizenship status

¶ 12-13

Provisions in the judgment · 3 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 468 Section 471

Disaster Management Act, 2005 Section 51

04Reasoning

The Court observed that the deportation process for these specific Myanmar nationals was already underway, as confirmed by the Additional Advocate General for the State of Manipur

p. 4

It noted that the petitioners’ names were specifically listed in official jail correspondence intended for deportation processing

p. 3

During the hearing, the petitioners' counsel "de-scoped" the prayer, requesting only a direction for the timely disposal of their pending representation

pp. 4-5

Considering the petitioners had been in detention despite bail and were identified as similarly situated to others who received repatriation benefits, the Court found it appropriate to set a strict timeline for the executive branch to decide on their status through a speaking order

p. 8