Staff Reporter
Guwahati: The Gauhati High Court issued several directions to the state government, including asking the Chief Secretary to the Govt. of Assam to monitor the appointment of staff in all the Foreigners Tribunals (FTs) functioning in the state. The court also directed that an affidavit should be filed by the Commissioner and Secretary of the Home and Political (B) Department to inform the court as to whether all the vacant posts in the FTs are filled up and, if not, by when those posts will be filled up, at least three days prior to the next date of hearing on July 21, 2026.
The directions were issued by the court of Justice Kalyan Rai Surana in a case (WP(C)/1754/2015) relating to the facilities, or lack of them, in the FTs for their effective functioning.
During the recent hearing, D. Mazumdar, the Additional Advocate General, referred to the court’s order dated April 2, 2026, which asked for a detailed affidavit to be filed regarding the data collected about the available infrastructure, the lack of it, and the steps taken to create appropriate courtrooms for FTs.
However, Mazumdar pointed out that though the Home and Political (B) Department has written to all the District Commissioners, the requisite information from a few districts is still to be received. Accordingly, he prayed for a further three weeks’ time to collect the relevant data and to file an affidavit. Accordingly, the court granted him the time sought for.
H.K. Das, standing counsel for the HC, produced a copy of a letter by the former Member of Foreigners Tribunal No. 5, Morigaon, indicating that he had superannuated from service in February 2026. However, his arrear fuel bills and other admissible dues have not been settled. He also stated that members of FTs are not entitled to pensions or post-retirement benefits, and, therefore, he is suffering from considerable financial hardship.
Senior counsel Das also submitted a bunch of letters written by various authorities to various FTs functioning in Assam for vacating the respective FTs to carry out repairs and renewals and to search for other suitable accommodation. The court directed the Home and Political (B) Department and respective District Commissioners to do the needful, including sending FT members on paid leave, if required.
The state government was also given the alternative to first relocate those FTs where repairs and renewals are necessary to an appropriate and safe location so that the functioning of the tribunals is not hampered even for a day.
The standing counsel for the court also referred to a letter by which the Member, Foreigners Tribunal No. 5, Darrang, Mangaldai, stated that the Assistant Govt Pleader had resigned, but to date no new Assistant Govt. Pleader has been appointed. He also projected that there are 4 (four) vacant posts, such as Stenographer, Data Entry Operator and Copyist, and despite repeated communications, the posts are not being filled up.
Coming down heavily on the state government, the court observed, “It is appalling to note that the Home and Political (B) Department is very happy with that situation and thus has not taken any steps to appoint an Assistant Govt Pleader in the Foreigners Tribunals. This also demonstrates that the intention of the govt is not to allow the Foreigners Tribunal to function in an appropriate manner which is conducive for a judicial determination of the issues of the Foreigners Tribunals. If the Foreigners Tribunals do not have Stenographers, Data Entry Operator, Copyist, the Court does not expect the Members of the Foreigners Tribunal to act like one. Therefore, the Court is pained to note that despite vacancies, the State Govt has not filled up the 4 (four) posts.”
Therefore, the Court directed the appropriate authority, whoever it may be, to appoint Stenographers, Data Entry Operator, Copyist and/ or other staff in all those Tribunals where there is shortage of staff to appoint such staff which are essential to the functioning of those Tribunals, within an outer period of 6 (six) weeks, failing which the state government will have to authorise either the APSC or the appropriate recruitment board or this Court will undertake central recruitment for filling up all the vacant posts under the Foreigners Tribunals in a centralised manner.
Regarding the continuous supply of law journals and other essential books to the FTs, the court pointed out that if the Tribunals do not have access to the law journals and essential books, it will be very difficult for those Tribunals to function properly. Accordingly, the Home and Political (B) Department was directed to make an appropriate decision in this matter within a period of 6 (six) weeks.
Moreover, on the next date of listing, the Additional Advocate General was directed to apprise the Court about the SOP that was envisaged for all the FTs and to also examine as to whether the directions contained in the judgement and order dated November 17, 2025, passed in WP(C)/5229/2016 should also be taken note of while preparing the said SOP.
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