SC sets aside Gauhati HC orders on foreigner status, orders fresh probe

The Supreme Court set aside Gauhati High Court orders upholding foreigner declarations, remanding cases to Foreigners Tribunals for fresh adjudication. The court stressed that citizenship determination must follow a fair, lawful, and reasonable process.

SC Orders Fresh Adjudication on Foreigner Status

The Supreme Court on Monday set aside a batch of Gauhati High Court orders that upheld declarations of some people as foreigners and remanded the cases to the concerned Foreigners Tribunals for fresh adjudication.

A bench of Justices Vikram Nath and Sandeep Mehta made it clear that it had not examined the merits of the appellants' claims to Indian citizenship. The bench also observed that the determination of citizenship and foreigner status "must be carried out through a fair, lawful and reasonable process". It said that the issue of citizenship carries profound constitutional significance and must be decided in accordance with the requirements of fairness.

Court Acknowledges State's Interest

It also acknowledged the State's interest in preventing illegal claims to Indian citizenship. "The State has a legitimate and compelling interest in ensuring that persons who are not legally entitled to claim Indian citizenship do not secure such status by misuse of process, by false claims, or by taking advantage of procedural delay," the judgement stated.

Directives for Appellants and Tribunals

The bench directed the concerned persons to appear before the concerned Foreigners Tribunals within four weeks from the date of the order. They have also been granted liberty to file their written statements, documentary evidence and all supporting materials in support of their claim to Indian citizenship before the Tribunals.

The Foreigners Tribunals have further been asked to conclude the fresh adjudication preferably within six months, in accordance with the law. "Until fresh opinions are rendered by the concerned Tribunals, no coercive steps shall be taken against the appellants on the basis of the opinions which have been set aside by this judgment, subject to the appellants appearing before the concerned Tribunals and cooperating with the proceedings," the verdict added.

Background of the Cases

The Gauhati High Court had dismissed the challenge to an ex parte order of the Foreigners Tribunal declaring the petitioners to be foreigners. The High Court had noted that none of the appellants appeared before a Tribunal even after they were served with notices. These cases originated from orders passed by various Foreigners Tribunals in Assam. (ANI)

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