The Assam government has advised the Centre against filing a review petition in the Supreme Court on it’s verdict on the Foreigners’ (Tribunals for Assam) Order 2006. The SC had struck down the law since the process introduced in the state for identification of foreigners was markedly different from the system in the rest of the country.

Besides arguing against a petition in the Supreme Court, Assam Chief Minister Tarun Gogoi today told Law Minister Hansraj Bhardwaj that the state should not be singled out from the rest of the country for implementation of any law. The implications of the judgment were discussed in detail, since it is likely to have major ramifications for the Congress in the state.

It is reliably learnt that Bhardwaj told the CM that a final decision on approaching the apex court has not yet been taken so far by the Centre.

The Supreme Court had on July 11 last year scrapped the controversial Illegal Migrants (Determination by Tribunals) Act 1983 on the ground that it was not effective in identifying foreigners who have settled in Assam. Subsequently, the Centre decided to amend the Foreigners’ Order 1964 last February by introducing a clause specific to the state which said that the onus of proof for detection of illegal migrants would lie on the complainant, which in effect means the police.

The law enacted in 1983 invited criticism since it was applicable only in Assam. It involved a tardy and expensive process to detect illegal migrants since it put the burden of producing evidence on the complainant, similar to the clause introduced in the Foreigners’ Order, 1964 for Assam.