SC says citizenship must be determined fairly, sets aside Assam Foreigner Tribunal orders
The Supreme Court set aside Gauhati High Court orders declaring 27 people as foreigners and directed fresh consideration by the Foreigners Tribunal
Setting aside the Gauhati High Court’s orders that had upheld the declarations of 27 appellants as foreigners, the Supreme Court on Monday (July 13) said that the determination of citizenship and foreigner status must be conducted through a "fair, lawful and reasonable" process.
Court stresses fair process
"Citizenship and foreigner status occupy a field of high constitutional and legal significance," stated the bench of Justice Vikram Nath and Justice Sandeep Mehta as it allowed 27 appeals and remanded the cases back to the Foreigners Tribunal for fresh consideration.
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"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 claim or by taking advantage of delays," stated the Court as quoted by Live Law.
"At the same time, the determination of such status must be made through a process which is fair, lawful and reasonable. The statutory burden under Section 9 of the Foreigners Act, 1946 remains fully applicable," it added.
State's interest recognised
However, the bench clarified that it has not examined the merits of the petition's claims to Indian citizenship.
"We have not examined the merits of the claims of citizenship by the appellants or expressed any opinion on the genuineness, admissibility, relevance or sufficiency of any document relied upon by them. Those questions must be decided by the concerned Tribunal independently," stated the Court.
No ruling on citizenship claims
The Bench, however, made it clear that the decision to remand the matters should not be treated as extending any equitable benefit to the appellants or as recognising the validity of their citizenship claims.
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"The remand being directed is not intended to confer any equity in favour of a person who is unable to establish his or her claim. It is only to ensure that the serious consequence of being declared a foreigner follows from an adjudication which satisfies the requirements of the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, and the constitutional mandate of fairness," the Court observed.
Reason for remand
In view of its findings, the Court set aside the judgments delivered by the Gauhati High Court as well as the corresponding opinions and orders issued by the respective Foreigners Tribunals. It directed that the matters be reconsidered by the concerned Tribunals in accordance with the law.
"The concerned Tribunals shall decide the cases afresh and uninfluenced by any of the observations made by the High Court or by the Tribunals in the earlier opinions," the Court directed.