Big Relief in Assam: Supreme Court Scraps 'Foreigner' Tag for 27 People
The court said citizenship cases must follow due process and ensure a fair opportunity to present evidence.
The Supreme Court has quashed the orders of the Assam Foreigners Tribunals declaring 27 persons as foreigners and ordered fresh proceedings to re-visit their cases. The ruling is considered a milestone in the legal examination of citizenship matters in the state, where thousands have been interrogated about their nationality.
Another chance to review
The Supreme Court observed that the earlier proceedings were not free from procedural lapses and the affected persons were entitled to an opportunity of being heard as per law. The court underlined that issues relating to citizenship have far-reaching consequences and therefore strict adherence to the principles of natural justice is required. It directed the concerned Foreigners Tribunals to hold fresh hearings by affording sufficient opportunities to all parties to adduce evidence.
Questions during the Tribunal Proceedings
The 27 had earlier been declared foreigners by different Foreigners Tribunals in Assam and were facing detention or deportation if the verdicts had been upheld. They appealed against the tribunal orders in the Supreme Court, claiming that the proceedings were not fair and they were not given sufficient opportunity to defend themselves. After perusing the records, the apex court found merit in the plea and agreed to set aside the earlier orders.
In Assam, there have been long drawn legal and administrative processes to identify illegal immigrants, particularly after the updation of the National Register of Citizens (NRC). Foreigners Tribunals play an important role in deciding contested citizenship cases but their functioning has often been questioned on issues of procedure, legal representation and access to documentary evidence. Human rights groups have repeatedly called for better safeguards to prevent real citizens from being wrongly classified as foreigners.
Why Due Process Matters
Legal experts say the Supreme Court ruling shows how important due process is in citizenship cases. The verdict doesn’t declare the 27 persons as citizens of India but it guarantees that their cases will be re-heard as per the law. The decision is expected to be an important precedent, a reminder to tribunals that decisions affecting a person's citizenship and identity must be determined by fair hearings and careful consideration of evidence.
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