(i) The onus of proof is on the prosecution under IM (DT) Act as opposed to the provisions of Foreigners Act, 1946 under which the onus is on the suspected foreigner.

(ii) There is no provision in IM (DT) Act for compelling the suspects to furnish the particulars required in Form No. 1 of IM (DT) Rules of 1984 and penal provision to deal with such suspects in case of their refusal to furnish information as required in Rule 5.

(iii) There is no provision for compelling suspects/witnesses to furnish information or statement to Police Officers making Enquiry and as such, taking recourse to action under Section 176 IPC is difficult in case of refusal.

(iv) The Enquiry Officer is not empowered to search homes/premises of the suspects nor can they compel the suspects to produce documents or give the necessary information.

(v) Prosecution witnesses do not appear before the Tribunals for want of necessary allowances.

(vi) Once Tribunals declare a person as an illegal migrant he/she becomes un-traced either before the notice is served or during the grace period of 30 days.

(vii) The notice/summons issued by the Tribunals cannot be served due to change of residence by the illegal migrants to some unknown destinations.

(viii) Expulsion orders cannot be served as the illegal migrants change their places of residence very frequently and merge with people of similar ethnic origin.

(ix) It is provided in the Act for filing a complaint against a person to determine as to whether the person is an illegal migrant, two persons living within the same police station are required and an amount of Rs. 10,00 has to be deposited with the application/complaint. This provision of the Act, puts a severe restriction in the matter of filing any complaint against any illegal migrant.

(x) The Tribunals after observing a long drawn procedure declare a person as illegal migrant who is to be deported from India. But very often, the persons declared as illegal migrants change their residence and shift to some other areas.

(xi) There are instances of strong resistance to enquiry officer conducting enquiries against the illegal migrants in Char Areas (Riverine areas) and other areas where there is a heavy concentration of immigrant population. The SPs Police who are otherwise busy dealing with law and order problems have virtually little force to spare for assisting the enquiry officers.

19. It is further submitted that even after detection of foreigners under the Foreigners Act/IM (DT) Act, the physical deportation of such illegal migrants has not been possible in most of the cases.