Staff Reporter
Guwahati: The Supreme Court recently held that a foreigners tribunal (FT) has no power to review its own orders. The apex court ruled this while setting aside a review order passed by an FT against an Assam woman who had earlier been declared an Indian citizen by the same FT.
The SC bench of Justices Abhay S. Oka and Ujjal Bhuyan also set aside the Gauhati High Court's order in the case, Rejia Khatun @ Rezia Khatun v. Union of India & Ors., which had upheld the tribunal's second or review order. The Supreme Court observed that the Gauhati High Court had "missed the real issue" when it upheld a successive reference made against the woman in question, one Rejia Khatun.
The court observed that once an FT has made a determination, the only remedy available is a challenge before a higher forum, and the tribunal itself cannot sit in appeal over its own concluded judgement. "The High Court has missed the real issue. The real issue was whether the tribunal could have reopened the case by recording a finding that it can scrutinize the findings recorded by the same tribunal in an earlier judgement that had become final. As the tribunal was powerless to do it, only on that ground, we set aside the impugned judgement of the High Court as well as the impugned order dated 24th December, 2019, in F.T. Case No.2854/2012," the Court said in its order.
In 2018, the tribunal had declared that the woman was not a foreigner after considering oral and documentary evidence. However, in 2019, a fresh reference was made in relation to the matter, and the tribunal proceeded to scrutinize the documents again, ultimately reopening the case and directing the woman to file a written statement. The Supreme Court took exception to this and made it clear that the tribunal did not have the power to revisit its own findings in the absence of a statutory provision permitting such review.
The second order, dated December 24, 2019, is based on a police inquiry. The State was a party to the order dated February 15, 2018, but it did not challenge the said order by approaching the High Court. The state did not apply for recall of the order, nor did the state file any proceedings for a declaration that the order is a nullity, yet the tribunal initiated fresh proceedings on the same issue. This was held impermissible by the court.
"The order indicates that the tribunal wants to sit over in an appeal against its own concluded judgement and order. Such power can never be exercised by the tribunal," the SC noted. Accordingly, the apex court allowed the appeal and quashed the tribunal's second order from December 24, 2019, as well as the Gauhati High Court ruling that upheld it. However, the Court clarified that its ruling does not open the door for the State or Union of India to now challenge the first order from 2018, as it had already attained finality.
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