The Supreme Court overturned ex parte decisions in 24 Foreigners Tribunal and former Illegal Migrants (Determination) Tribunal cases in Assam. It emphasized the importance of a fair hearing and thorough consideration of evidence before declaring someone a foreigner. The Court instructed the cases to be reevaluated by the Foreigners Tribunals, giving the individuals a final chance to prove their Indian citizenship.
The appellants have been granted four weeks to present themselves before the relevant Tribunals and submit supporting documents for their citizenship claims. The Tribunals are urged to review the cases anew, aiming to reach decisions within six months of the appellants’ appearances. The Court clarified that it did not assess the merits of any individual’s citizenship claim during this process.
Highlighting the gravity of being labeled a foreigner, the bench stressed the need for objective consideration and thorough examination by the Tribunals. It emphasized that even in the absence of the proceedee, the Tribunal must ensure a fair process, examine the evidence, and provide reasoned opinions. The Court underlined that a mechanical declaration of foreigner status is not permissible under the law.
The Supreme Court underscored the importance of upholding constitutional principles of fairness and reasonableness in determining citizenship status. It noted that while the state has a valid interest in identifying non-citizens, this process must adhere to legal and constitutional standards. The Court directed that no coercive actions be taken against the appellants based on the overturned opinions, as long as they cooperate with the fresh proceedings within the specified timeframe.
