NEW DELHI: The Centre will not bring in a new law in the place of the scrapped Illegal Migrants (Determination by Tribunals Act, 1983) ahead of the Assembly elections in Assam. The term of the Assembly expires in May.

Instead, the United Progressive Alliance Government will give the nod for amending the Foreigners Act to ensure a fair hearing to a person before declaring him or her foreigner.

The decision was taken at a meeting of the Cabinet Committee on Political Affairs (CCPA), presided over by Prime Minister Manmohan Singh, here on Friday.

Briefing reporters, Defence Minister Pranab Mukherjee said before a person was declared a foreigner his or her case would be referred to a tribunal. In July last, the Supreme Court struck down the controversial IMDT Act which, it said, "created the biggest hurdle and is the main impediment or barrier in identification and deportation of illegal migrants." It held the Act unconstitutional and in contravention of Article 355.

GoM studies ruling

A Group of Ministers (GoM) was set up to study the ruling and chalk out the further course of action. Instead of bringing in the IMDT Act in another form, the GoM, headed by Prime Minister, decided to utilise the provisions of the Foreigners Act and set up tribunals for determination of illegal migrants.

The three-judge Bench had said the presence of a large number of illegal migrants impacted adversely on not only Assam but also the other northeastern States. For, the route to these States passed through Assam.

The Bench directed the constitution of fresh tribunals under the Foreign (Tribunal) Order, 1964 to effectively deal with the cases of foreigners, who had come from Bangladesh and were illegally residing in Assam.

The Bench noted that though enquiries were initiated in 3,10,759 cases under the IMDT Act, only 10,015 persons were declared illegal migrants and just 1,481 of them physically expelled up to April 30, 2000. On the contrary, in West Bengal, where the Foreigners Act was applicable, 4,89,046 persons were deported during a shorter period, between 1983 and November 1998.

BJP sees bid to bring back quashed Act

The Bharatiya Janata Party on Friday expressed its apprehension that the Government would bring back "through the backdoor" the Illegal Migrants (Determination by Tribunal) Act, which was quashed by the Supreme Court.

Its spokesman, Ravi Shankar Prasad, referring to the announcement that the Foreigners Act would be amended, said the Government would change the relevant clause to put the onus of proof of illegal entry on the Government instead of on the suspected foreigner.

This, the BJP said, would make it difficult for the Government to identify and deport those who might have entered the country illegally.

Mr. Prasad said the announcement had clearly something to do with the Assam Assembly elections. "We will make this a poll issue," he said adding it was a Congress attempt to play vote-bank politics.

Mr. Prasad pointed out that a number of "terrorist modules" were set up by some of those who had entered India illegally.

The spokesman said Hindus entering India, even if illegally, should be protected as political refugees, while illegal Muslim "foreigners" should be identified and deported.

The party did not intend harassing or intimidating Indian Muslims who were citizens, he added.

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