The Supreme Court today expressed its "regret" and serious "dissatifaction" over the "vague" affidavit filed by the Centre that actual construction work of the 263-km fencing along Indo-Bangladesh border will take three years and go beyond the year 2020.
"The statements made there (affidavit) are an exercise in vagueness with no specific details in spite of various orders of this court and passage of time," a bench comprising Justices Ranjan Gogoi and R F Nariman said.
The bench was anguished that in one of the paragraphs in the affidavit, the authority concerned of the Centre stated that it will take 18 months to complete the work on a stretch of 13.38 km without giving any reason.
The bench directed the competent authority of the Home
Ministry to furnish all details and give justification for the stand taken in two paragraphs of the affidavit.
The apex court was dealing with the issue of border fencing concerning Assam.
(Reopen LGD22)
The bench, which pulled up the Centre for "playing with the court", said, "This is regrettable and this court expresses its serious dissatisfaction over the type of the affidavit.
"We are extremely unhappy why this type of an affidavit has been filed," it said.
The bench perused the affidavit after advocate Somiran Sharma, appearing for the NGO, Assam Sanmilita Mahasabha, which had filed the petition in 2012 on the issue of illegal migrant influx from Bangladesh, drew its attention about such submission by the Centre.
The apex court had in 2014 passed a detailed verdict with a slew of directions to check the influx of illegal migrants through India-Bangladesh border and had directed the Centre to take various steps like border fencing, construction of border roads, night patrolling, floodlighting and a scheme for deportation in consultation with Bangladesh.
The Centre's affidavit stated that in Assam, the construction of border fence along the Indo-Bangladesh border has been sanctioned in two phases and under the Phase--1, 149.29 km of fencing has been completed during the period 1986-2000.
Under Phase--11, 77.57 km of fence has been sanctioned with upgrades in design, out of which 74.46 km has been completed, it said, adding that out of the 263 km of the Indo-Bangladesh border in Assam, 201.51 km of border is already covered by physical barrier, i.E fence and 61.49 km remains.
The bench was furious with the content of the affidavit which stated that "out of these 61.49 km balance border length, 13.38 km is planned to be covered by physical barrier and 48.11 km by non-physical barrier. The work in 13.38 km (excluding an elephant corridor of 0.30 km) has been been undertaken and it is likely to be completed by July 2018."
Taking note of this, the bench questioned the Centre as to "why you need 18 months for the 13.38 km stretch" and said, "It is utterly vague."
It also expressed its displeasure over the stand taken by the Centre in the affidavit that 48.11 km of riverine area in Assam could not be plugged by physical barrier and referred to the report of a committee which said that for construction of physical infrastraucture there is a need to prepare a DPR (detail project report) based on hydrological data.
(Reopens LGD29)
The affidavit has stated that "considering the geological features and terrain, this activity itself may take considerable time. Thereafter, actual construction would need more than three years, i.E the work is likely to be completed beyond the year 2020".
The bench said the Centre should by next Tuesday furnish all details sought by it which will be taken up for perusal in due course.
It said there will be in-chamber proceedings next Tuesday during which deliberations will take place involving the coordinator of the border fencing project, chief secretary of Assam, the counsel for the state and some special officials like from National Register for Citizenship (NRC).
During the past hearings also, the apex court had rapped the Centre and the Assam government for "dragging their feet" on the illegal migrants issue and rejected their affidavits on steps taken to check influx of illegal Bangladesh nationals into the northeastern state through the porous Indo-Bangla border.
The bench had then appointed senior advocate Upamanyu Hazarika as court commissioner to physically verify the fencing and security across the Indo-Bangla border running through Assam and file a final report which was taken on record.
The court had also asked MHA to file an affidavit indicating steps taken by it on border fencing, construction of border roads, night patrolling, floodlighting and a scheme for deportation in consultation with the Bangladesh in terms of its December 17 order.
The court had earlier asked the Centre to detect and deport all illegal migrants who have come to Assam after March 25, 1971.
It, however, had said that the foreigners, who came to India between January 1, 1966 to March 24, 1971, be awarded citizenship as per the law.
