Foreigners Tribunal / Supreme Court Orders Fresh Hearing For 27 Declared Foreigners In Assam, Stresses Fair Process
·1 hour ago·2 min read
Key Points
The Supreme Court ruled that questions relating to citizenship and foreigner status must be decided through a "fair, lawful and reasonable" process, setting aside Gauhati High Court judgments that upheld the declaration of 27 individuals as foreigners.
New Delhi, Jul 13: The Supreme Court on Monday ruled that questions relating to citizenship and foreigner status must be decided through a "fair, lawful and reasonable" process, setting aside Gauhati High Court judgments that had upheld the declaration of 27 individuals as foreigners in Assam.
A bench of Justices Vikram Nath and Sandeep Mehta allowed 27 appeals and remanded the cases to the respective Foreigners Tribunals for fresh adjudication. The court clarified that it had not expressed any opinion on the merits of the citizenship claims.
SC Emphasises Due Process
The bench said citizenship is a matter of "high constitutional and legal significance" and requires strict adherence to principles of fairness.
The court observed that while the State has a legitimate interest in identifying illegal immigrants, the determination of citizenship must be made through a process that is "fair, lawful and reasonable."
It also noted that the burden of proof under Section 9 of the Foreigners Act, 1946, would continue to apply.
No Opinion On Citizenship Claims
The Supreme Court said it had not examined the genuineness or sufficiency of the documents relied upon by the appellants.
It directed the Foreigners Tribunals to independently assess the evidence and decide each case afresh without being influenced by the earlier findings of the tribunals or the Gauhati High Court.
The bench also clarified that the remand order should not be treated as granting any advantage to those unable to establish their citizenship.
Also Read: Odisha Vigilance Raids OCC Engineer Sanjay Kispatta’s Properties over DA Allegations
Orders Of HC, Tribunals Set Aside
The court set aside the Gauhati High Court judgments as well as the opinions and orders passed by the concerned Foreigners Tribunals.
All 27 cases have now been remitted to the respective tribunals for fresh adjudication in accordance with the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, and constitutional principles of fairness.
Appeals Cited Minor Errors
Among the appellants were Sabitri Dey, Ajbahar Ali, Md Akbar Ali, Abeda Khatun and Anowara Khatun.
They argued that they had been declared foreigners on hyper-technical grounds, including typographical errors and minor spelling discrepancies in old electoral rolls.
The cases reached the Supreme Court after the appellants unsuccessfully challenged the Foreigners Tribunals' orders before the Gauhati High Court.
A bench of Justices Vikram Nath and Sandeep Mehta allowed 27 appeals and remanded the cases to the respective Foreigners Tribunals for fresh adjudication. The court clarified that it had not expressed any opinion on the merits of the citizenship claims.
SC Emphasises Due Process
The bench said citizenship is a matter of "high constitutional and legal significance" and requires strict adherence to principles of fairness.
The court observed that while the State has a legitimate interest in identifying illegal immigrants, the determination of citizenship must be made through a process that is "fair, lawful and reasonable."
It also noted that the burden of proof under Section 9 of the Foreigners Act, 1946, would continue to apply.
No Opinion On Citizenship Claims
The Supreme Court said it had not examined the genuineness or sufficiency of the documents relied upon by the appellants.
It directed the Foreigners Tribunals to independently assess the evidence and decide each case afresh without being influenced by the earlier findings of the tribunals or the Gauhati High Court.
The bench also clarified that the remand order should not be treated as granting any advantage to those unable to establish their citizenship.
Also Read: Odisha Vigilance Raids OCC Engineer Sanjay Kispatta’s Properties over DA Allegations
Orders Of HC, Tribunals Set Aside
The court set aside the Gauhati High Court judgments as well as the opinions and orders passed by the concerned Foreigners Tribunals.
All 27 cases have now been remitted to the respective tribunals for fresh adjudication in accordance with the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, and constitutional principles of fairness.
Appeals Cited Minor Errors
Among the appellants were Sabitri Dey, Ajbahar Ali, Md Akbar Ali, Abeda Khatun and Anowara Khatun.
They argued that they had been declared foreigners on hyper-technical grounds, including typographical errors and minor spelling discrepancies in old electoral rolls.
The cases reached the Supreme Court after the appellants unsuccessfully challenged the Foreigners Tribunals' orders before the Gauhati High Court.
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