Centre to Amend Foreigners Tribunal (Order) 1964

Dispur finalizing monitoring modalities on complaints against Foreigners Tribunal Members

The Government of India has informed the Gauhati High Court that the proposal for amendment of “certain provisions of the Foreigners Tribunal (Order) 1964, is still under active consideration of the Department of Home, Government of India”. Apprising the court of the decision on October 29, the Assistant Solicitor General of India, S.C. Keyal said, “Four weeks further time is required to obtain instruction.” The High Court bench of Justice Suman Shyam allowed the prayer, and listed the matter for further hearing on November 26.

Further the “Court has noticed that there is no mechanism to look into the problems being faced by the Members of the Foreigners Tribunals nor is there any standard procedure in place so as to apprise this Court on the day-to-day functioning of the Foreigners Tribunals.” Therefore, the Additional Advocate General Assam, D. Mazumdar and senior Standing Counsel, Foreigners Tribunals (FT), U.K. Nair, were “requested to initiate a consultative process so as to indicate as to what procedure would be appropriate in this regard. The aforesaid issue also be brought to the notice of S. S. Dey, learned Amicus Curiae appointed in this case.”

The Court also granted “three weeks further time” to Dispur for finalizing the modalities for monitoring complaints received against the Members of the Foreigners Tribunals; and “placing those before this Court for consideration.”

With respect to the newly appointed Members of the Foreigners Tribunals, the Secretary (Home and Political Department) to the Government of Assam, Niranjan Barua stated before the Court that “the concurrence of the Finance Department has already been received and therefore, the salary of all the newly appointed Members of the Foreigners Tribunals would be released within a period of two weeks” from October 29.

It was further submitted that the necessary approval of the competent authority for issuing orders of posting of the Members (appointed vide Notification dated September 11, 2019) is under progress; and the process is also likely to be completed within a period of two weeks from October 29. The Home Secretary further apprised the Court that the supporting staff — to be posted in the various newly constituted Foreigners’ Tribunals — would also be put in place simultaneously with the issuance of orders of postings of the newly recruited Members.

The Home Secretary’s statement “lends assurance to this Court that things are progressing in the right direction.” The Court was assured that the aforesaid process will be completed in a time-bound manner.

The Court was also informed that the process for appointment of Assistant Government Pleaders (AGP) in each of the Tribunals is also under progress. The bench was also assured that the appointment orders would also be issued to the selected candidates within a period of one month from October 29.

The counsel of the parties as well as the officials present in the Court responded positively to a suggestion that a two-day induction training should be imparted to the AGPs before they assume duties upon their appointments. Accordingly, Secretary (Home and Political Department) to the Government of Assam, in consultation with the Director, Judicial Academy and the Registrar (Judicial) of the Court would take the necessary steps for organizing the orientation programme.

Read Similar Stories

Also Watch: Guwahati Paid Tribute To the Victims of The 2008 Serial Bomb Blasts