In a significant Assam foreigners deportation stay order, the Supreme Court of India on June 5, 2026 halted the imminent removal of two women detained at the Goalpara Detention Centre in Assam.
According to ANI, the two petitioners — Saleha Khatun and Sarbhanu Begum — had been declared foreign nationals by Assam’s Foreigners Tribunals, with those orders upheld by the Gauhati High Court.
The case is part of a larger cluster of four petitions filed by women challenging Foreigners Tribunal declarations in Assam, raising urgent questions about evidentiary standards and fundamental rights.
Background: Assam Foreigners Deportation Stay
The Assam foreigners deportation stay arises from a long chain of tribunal and high court proceedings spanning nearly eight years, per LiveLaw.
Both women are approximately 50 years old and described as illiterate. They have been detained at Goalpara Detention Centre since March 2, 2026, according to LiveLaw and India Legal Live.
- Saleha Khatun was declared a foreigner by the Foreigners Tribunal (5th), Darrang, Mangaldai on August 30, 2018. The Gauhati High Court upheld that order on December 5, 2025, as reported by ANI.
- Sarbhanu Begum was declared a foreigner by the Foreigners Tribunal on December 13, 2018. The Gauhati High Court affirmed that order on December 9, 2025, per ANI.
- Three further petitions are part of the same batch — filed by Basiran Nessa (Diary No. 23338-2026) and Musstt Nureza Begum — along with the two detained women, according to LiveLaw.
Saleha Khatun claims to be the daughter of Ahsan Ali and late Korpuljan, whose names appear in pre-1971 electoral records of Nagabandha village, Nagaon district, Assam, per LiveLaw.
Sarbhanu Begum claims to be the daughter of late Mia Hussain, whose name is in pre-1971 electoral records of Barkur village, Darrang district. According to LiveLaw and India Legal Live, her claim was rejected due to spelling variants of her name — recorded as ‘Surbhanu’, ‘Sorbhanu’, and ‘Saharbhanu’ — along with a discrepancy in her husband’s name in one electoral entry.
The Advocate on Record who filed the Special Leave Petitions for Saleha Khatun, Sarbhanu Begum, and Basiran Nessa is Fuzail Ahmad Ayyubi, per LiveLaw.
What the Court Said
A Supreme Court vacation bench comprising Justice Vikram Nath and Justice V. Mohana heard the petitions on June 5, 2026, and granted the Assam foreigners deportation stay after counsel submitted that the detained petitioners faced imminent removal, as reported by ANI and LiveLaw.
The bench was initially reluctant to grant a specific stay on deportation. However, after counsel pressed the point that both women were already in custody and feared imminent deportation, the Court relented and passed the order, according to India Legal Live.
The vacation bench stated: “If they are in detention, they will not be deported till next date,” as reported by ANI and LiveLaw.
The Supreme Court issued notices to the Union Government, the Assam Government, and the Election Commission of India, seeking responses within four weeks, per LiveLaw and Aryan Age.
The case numbers on record are: Saleha Khatun v Union of India and Ors (Diary No. 32656-2026) and Sarbhanu Begum v Union of India and Ors (Diary No. 32624-2026), according to LiveLaw.
The matter is next listed for hearing before the Supreme Court on July 16, 2026, per ANI and LiveLaw.
What It Means for You
This Assam foreigners deportation stay signals that the Supreme Court is willing to scrutinise the evidentiary standards applied by Foreigners Tribunals, particularly the rejection of documentary lineage evidence on account of minor name-spelling discrepancies.
The outcome of these petitions could have significant implications for thousands of individuals in Assam who have been declared foreigners on the basis of documentation rejected over procedural or typographical grounds.
The case also puts a spotlight on the conditions of detention at Goalpara Detention Centre and the procedural safeguards available to individuals facing detention and deportation under the Foreigners Act framework, as noted by India Legal Live.
Read more at The Courtroom. Original report: ANI.
Why did the Supreme Court stay the deportation of Saleha Khatun and Sarbhanu Begum?
The Supreme Court granted the Assam foreigners deportation stay after counsel submitted that both women, already detained at Goalpara Detention Centre since March 2, 2026, faced imminent deportation. The bench stated they would not be deported until the next date of hearing, per ANI and LiveLaw.
When were Saleha Khatun and Sarbhanu Begum declared foreigners, and what happened at the Gauhati High Court?
Saleha Khatun was declared a foreigner on August 30, 2018, and the Gauhati High Court upheld that order on December 5, 2025. Sarbhanu Begum was declared a foreigner on December 13, 2018, with the High Court affirming the order on December 9, 2025, according to ANI.
Who are the judges on the Supreme Court vacation bench that ordered the Assam foreigners deportation stay?
The vacation bench comprised Justice Vikram Nath and Justice V. Mohana, as reported by ANI, LiveLaw, and India Legal Live. The next hearing is scheduled for July 16, 2026.
Final Thoughts on the Assam Foreigners Deportation Stay
The Supreme Court’s Assam foreigners deportation stay for Saleha Khatun and Sarbhanu Begum — illiterate women in their fifties detained since March 2026 — marks a critical intervention in a case where citizenship claims backed by pre-1971 electoral records were rejected over spelling discrepancies and procedural grounds.
With notices issued to the Union, Assam Government, and the Election Commission, and the next hearing set for July 16, 2026, the case will test how Indian courts balance immigration enforcement with the fundamental rights of individuals facing statelessness and indefinite detention.
Stay updated at The Courtroom.
Disclaimer
Disclaimer: This article is for general information only and does not constitute legal advice. Laws may change or vary by case — consult a qualified lawyer before acting. The Courtroom is not liable for any reliance on this content.
