GUWAHATI: The Border Police will not refer any case to the FTs (Foreigners Tribunal) against any member of the Gorkha community living in Assam suspecting him as a foreigner. The FTs will have to drop the existing cases against Gorkhas pending with them.
Recently, the Home and Political Department issued an instruction to the DGP and the special DGP (border) in this regard. The department says that under the Foreigners Act, 1946, the Border Police shall not forward any case against the members of the Gorkha community directly to the Foreigners Tribunals. In any rare case, if the Border Police feel that they need to refer the case to the Foreigners Tribunals against a member of the Gorkha community, they need to refer it to the Home Department. After examining it, if the Home Department feels it a fit case, it will permit the Border Police to refer it to the Foreigners Tribunals.
The instruction also says that if cases against members of the Gorkha Community in Assam is are pending, the FTs concerned will have to drop them.
According to the Indo-Nepal Treaty of Peace and Friendship, 1950, the State authority cannot refer any case to the Foreigners Tribunals against any member of the Gorkha community suspecting him a foreigner. However, over the years, the Border Police have been erroneously referring cases against some members of the Gorkha community to the FTs.
The instruction to the DGP and the Special DGP (Border) came after the State Cabinet had taken the decision to this effect.