NEW DELHI — The Supreme Court on Monday set aside 27 judgments of the Gauhati High Court that had upheld orders of Foreigners Tribunals in Assam declaring the appellants to be foreigners, ruling that questions relating to citizenship must be decided through a process that is fair, lawful and reasonable.
A Bench of Justices Vikram Nath and Sandeep Mehta remanded all 27 cases to the respective Foreigners Tribunals for fresh adjudication, observing that issues concerning citizenship and foreigner status carry significant constitutional and legal importance.
“Citizenship and foreigner status occupy a field of high constitutional and legal significance,” the Bench observed, adding that any determination affecting an individual’s citizenship must be made through a procedure that adheres to the principles of fairness, legality and reasonableness.
The court directed the tribunals to reconsider each case independently, without being influenced by the earlier opinions rendered either by the Foreigners Tribunals or by the Gauhati High Court.
“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 Bench said.
The ruling came on a batch of appeals challenging ex parte orders of the Foreigners Tribunals, which had declared the appellants to be foreigners. Those decisions were subsequently upheld by the Gauhati High Court.
The High Court had dismissed the petitions mainly on the ground that the tribunal opinions were challenged after a delay of nearly 23 years. It also observed that the petitioners had failed to appear before the tribunals despite having been served notices.
While affirming the tribunal decisions, the High Court had relied on Section 9 of the Foreigners Act, 1946, which places the burden of proving Indian citizenship on the person concerned rather than on the State.
The Supreme Court, however, held that the nature of the proceedings and the serious consequences flowing from a declaration of foreigner status required strict adherence to due process and directed fresh consideration of all the cases by the concerned tribunals.