SC is last hope for justice: Assam Cong on Foreigners Tribunal verdict

Assam Congress leaders hailed the Supreme Court's verdict setting aside Gauhati High Court judgments that upheld Foreigners Tribunal orders. The apex court remanded the cases for fresh adjudication, calling it the 'last hope for justice'.

Leader of Opposition in the Assam Legislative Assembly and Congress leader Wazed Ali Choudhury on Monday welcomed the Supreme Court's decision to set aside a batch of Gauhati High Court judgments that had upheld Foreigners Tribunal orders declaring certain individuals as foreigners, saying the apex court remains the last hope for those seeking justice.

"There are lower courts and high courts, but then there is the Supreme Court. People go to the Supreme Court when they don't get justice elsewhere. If anyone goes there, they go with a sense of hope. That is why the Supreme Court gives such a verdict," Choudhury told ANI.

Reacting to the verdict, Congress MLA Abul Kalam Rasheed Alam thanked the Supreme Court for ordering a fresh adjudication of the cases. "All the cases being heard in the Foreigners' Tribunals are flawed; everyone involved is actually an Indian citizen if the process were conducted properly. That is why I thank the Supreme Court for conducting a proper inquiry and delivering a fair judgment," Alam told ANI.

Supreme Court Orders Fresh Adjudication

The Supreme Court on Monday set aside a batch of 27 Gauhati High Court judgments that had upheld orders of the Foreigners Tribunals declaring certain individuals as foreigners and remanded the cases to the concerned Tribunals for fresh adjudication.

A bench of Justices Vikram Nath and Sandeep Mehta clarified that it had not examined the merits of the appellants' claims to Indian citizenship. The bench observed that the determination of citizenship and foreigner status "must be carried out through a fair, lawful and reasonable process" and said the issue of citizenship carries profound constitutional significance and must be decided in accordance with the requirements of fairness. At the same time, the court acknowledged the State's legitimate interest in preventing illegal claims to Indian citizenship.

Directions for Appellants and Tribunals

The apex court directed the concerned individuals to appear before the respective Foreigners Tribunals within four weeks and permitted them to file written statements, documentary evidence and other supporting materials in support of their claim to Indian citizenship. The court also directed the Tribunals to conclude the fresh adjudication, preferably within six months, in accordance with the law.

It further ordered that no coercive steps be taken against the appellants on the basis of the earlier Tribunal opinions, which have now been set aside, provided they appear before the Tribunals and cooperate with the proceedings.

The Gauhati High Court had earlier dismissed challenges to ex parte orders of the Foreigners Tribunals declaring the petitioners as foreigners, observing that the appellants had failed to appear before the Tribunals despite being served notices. The cases originated from various orders passed by Foreigners Tribunals in Assam. (ANI)

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