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Indian Supreme Court Told Deportation Requires Country of Origin Consent

News desk
NRI HeraldAugust 1, 2026
3 min read
Supreme Court of India building exterior, relevant to visa and immigration law.

The Indian government on Tuesday told the Supreme Court that foreign nationals whose nationality cannot be verified cannot be removed from the country until their country of origin formally recognizes them and issues travel documents.

Solicitor General Tushar Mehta, representing the government, said deportation is a bilateral process that requires the receiving country's consent. He stressed that no individual can be expelled without proper documentation from their home state.

The statement came during a hearing on a batch of petitions challenging the detention of foreign nationals, including those from Myanmar and Bangladesh, who are held in Indian detention centers. The petitioners argue that many detainees have been held for years without trial or deportation.

The court has sought the government's response on the issue of prolonged detention and the feasibility of deportation in cases where nationality is disputed. The next hearing is scheduled for later this month.

News desk · August 1, 2026
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