WP(C) 3163/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA HON’BLE MR JUSTICE PARAN KUMAR PHUKAN (B.K. Sharma, J.) The petitioners are all declared foreigners. Upholding the judgments of the Fore igners Tribunals, the authorities, particularly the jurisdictional Deputy Commis sioners and the Superintendents of Police (B) were directed to furnish reports r egarding the steps taken towards deletion of the names of the petitioners from t he voter lists and their apprehension and detention in the detention camps for e ventual deportation to Bangladesh. As per the reports furnished, although names of the declared foreigners have bee n deleted from the voter lists in most of the cases, but they could not be appre hended as all of them have done the vanishing acts. This situation is not only in this batch of writ petitions but as the experience of this Court goes, in alm ost all the cases the declared foreigners do the vanishing acts. Thus, a questi on will necessarily arise as to what purpose the process of detection of foreign ers by the Foreigners Tribunals would serve if their names are not deleted from the voter list without the intervention of the Court and more particularly when the administration is incapable of detaining them for eventual deportation to Ba ngladesh. Even in case of apprehended foreigners, the stand taken by the respon dents is that, in absence of any treaty with the Bangladesh Government, such dec lared foreigners are not capable of being deported. Above being the position, we hereby direct the Government of India to seriously think over the situation that has emerged in which the declared foreigners can e asily do the vanishing act and the mighty police administration remains assailan t spectators. Even the apprehended foreigners are not capable of being deported. On the other hand, the strength of the Foreigners Tribunals have been increase d on the basis of the order dated 17th December, 2014 of the Apex Court passed i n WP(C) No.274/2009; WP(C) No.562/2012 and WP(C) No.876/2014 (Assam Sanmilita Ma hasangha & Ors. Vs. Union of India & Ors.). The task of detection and declaratio n of foreigners cannot be on papers only but it needs effective implementation. Presence of the declared foreigners will have to be ensured for consequential de tention and deportation and for that, the Foreigners Tribunals will have to be a dequately empowered to take effective measures. Another question, which is of ut most importance, is that the offspring of such declared foreigners always claim to be Indian citizens on the basis of the provisions of the Citizenship law. Th is aspect of the matter would also require serious consideration of the central Government. Let a report be furnished by the Central Government and so also by the State Gov ernment dealing with the above aspects of the matter as to their action plan in the matter. They will bear in mind the following observation of the Apex Court i n Sarbananda Sonowal -Vs- Union of India reported in (2005) 5 SCC 665:- 63. This being the situation there can be no manner of doubt that the State of Assam is facing ’external aggression and internal disturbance’ on account of large-scale illegal migration of Bangladeshi nationals. It, therefore, becomes the duty of the Union of India to take all measures for protection of the State of Assam from such external aggression and internal disturbance as enjoined in A rticle 355 of the Constitution. Having regard to this constitutional mandate, t he question arises whether the Union of India has taken any measures for that pu rpose. List the matters again on 22nd December, 2015. Copies of this order shall be furnished to Mr. SC Keyal and Mr. M Bhagabati, lea rned counsel appearing for the respondents, for their necessary follow up action .