Supreme Court Orders Fresh Hearings in 27 Assam Foreigner Cases

Guwahati: Today, the Supreme Court ruled that questions relating to citizenship and foreigner status must be decided through a "fair, lawful and reasonable" process, setting aside Gauhati High Court judgments that had upheld the declaration of 27  people as foreigners.

A Bench comprising Justices Vikram Nath and Sandeep Mehta allowed 27 appeals and remanded the cases to the respective Foreigners Tribunals for fresh adjudication. The court observed that citizenship is a matter of immense constitutional and legal significance and that decisions affecting an individual's status must strictly adhere to the principles of fairness.

The Bench stated that while the State has a legitimate interest in preventing those not legally entitled to Indian citizenship from obtaining it through false claims or misuse of the legal process, this objective cannot override procedural safeguards. It emphasised that the statutory burden of proof under Section 9 of the Foreigners Act, 1946, remains applicable, but determinations must be made through a legally sound and reasonable process.

The apex court clarified that it had not examined the merits of the appellants' citizenship claims or the authenticity of the documents they had submitted. Instead, it directed the concerned Foreigners Tribunals to independently assess all evidence without being influenced by previous findings.

The court also noted that the remand should not be interpreted as granting any advantage to those unable to establish their citizenship. Rather, it is intended to ensure that the serious consequence of being declared a foreigner follows a fair adjudication in accordance with the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, and constitutional principles.

The appeals included those of Sabitri Dey, Ajbahar Ali, Md Akbar Ali, Abeda Khatun and Anowara Khatun, who argued that they had been declared foreigners over minor discrepancies such as typographical and spelling errors in electoral records. The ruling is expected to have significant implications for citizenship adjudication in Assam, reinforcing the need for fairness and due process in Foreigners Tribunal proceedings.

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