Assam: Gauhati HC seeks affidavit on infrastructure and proper courtrooms in FTs

Staff Reporter

Guwahati: Following a written instruction dated April 1, 2026, submitted by the Senior Govt Advocate indicating that the administrative approval for work related to the repair and renovation of the 6 Foreigners Tribunals in Silchar and one at Dibrugarh will be taken up in 2026-27, the Gauhati High Court stated that on the next date of listing on June 2, 2026, a detailed affidavit should be filed containing the data on available and lacking infrastructure in Foreigners Tribunals (FTs) and the steps taken for creating appropriate courtrooms in them.

The Senior Govt Advocate produced the written instruction pursuant to the court’s order dated March 10, 2026, indicating that the administrative approval to go ahead with the work related to the repair and renovation of the 7 FTS mentioned above could not be taken as financial year 2025-26 has already concluded and vote-on-account budget 2026-27 has taken effect for the first four months of the financial year.

In the statement made in the said communication, it has been projected that the Public Works Department (PWD) has already submitted estimates for repair and renovation of the 6 (six) Foreigners Tribunal in Silchar and 1 (one) at Dibrugarh to the Home and Political (B) Department. Thus, the Home and Political (B) Department is required to give its administrative approval to go ahead with the work, which it proposes to process in 2026-27. As it appears that even the proposal has not been processed for insufficient provisions, therefore, the Home and Political Department of the Govt of Assam shall explore granting an administrative approval in the meantime, which can always be made subject to availability of funds. If such a process is adopted, at least one stage of the issue regarding the repair and renovation of the FTs will be crossed.

The Court of Justice Kalyan Rai Surana observed that so far as the issue regarding performance evaluation of the Members of the FTs in Assam is concerned, the authorities should take up the matter expeditiously.

The Court urged the Home and Political Department to promptly provide law books and journals to all FTs to prevent delays in their supply.

Certain directions were issued in the order dated March 10, 2026, which, amongst others, relate to the joint inspection report and pathetic condition of several FTs. In the said context, in the order, the Court had put the State to notice that if basic infrastructure requirements of an appropriate courtroom with Ejlas (the formal setting where the judge sits for hearing a case), washroom facilities for members and staff and other essential furniture like chairs and tables are not made available, the State should file an affidavit to inform the Court as to how they desire the Tribunals to function without essential requirements and to also inform as to why, if the functioning requirements of those Tribunals are not met, they should not be given a long-term paid holiday until appropriate infrastructure is created.

In this regard, the Additional Advocate General has submitted that in communication dated April 1, 2026, it has been stated that details of the existing infrastructure and/or lack of it have already been collected and steps are being taken for providing the basic infrastructure to all the FTs. It has also been submitted that the matter has been taken up at the highest level considering the urgency of it, and the matter is being taken up with the Public Works (Building) Department, the Finance Department and the concerned District Magistrate.

The court then stated it expects that on the next date of listing, June 2, 2026, a detailed affidavit will be filed regarding the data that has been collected regarding available infrastructure and lack of such infrastructure and to indicate the steps taken for creating appropriate courtrooms for the FTs.

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