The Supreme Court on Monday, July 13, ruled that questions concerning citizenship and foreigner status must be determined through a “fair, lawful and reasonable” process, while granting major relief to 27 people who had been declared ‘foreigners’ in Assam. The apex court set aside Gauhati High Court judgments that upheld the declaration by Foreigners Tribunals in the state.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta accepted 27 appeals and sent the cases back to the respective Foreigners Tribunals for fresh reconsideration. The court said, “Citizenship and foreigner status occupy a field of high constitutional and legal significance. The State has a legitimate and compelling interest in ensuring that persons who are not legally entitled to claim Indian citizenship do not secure such status by misuse of process, by false claims or by taking advantage of delays,” LiveLaw quoted the bench as saying. However, the court clarified that this objective cannot override procedural safeguards.
“Such status must be decided through fair process”
“At the same time, the determination of such status must be made through a process which is fair, lawful, and reasonable. The statutory burden under Section 9 of the Foreigners Act, 1946, remains fully applicable,” the court said. The bench made it clear that its order was restricted to directing a fresh and legally sound assessment of the cases. It added that it had not examined the merits of the citizenship claims by the appellants.
“We have not examined the merits of the claims of citizenship by the appellants or expressed any opinion on the genuineness, admissibility, relevance or sufficiency of any document relied upon by them. Those questions must be decided by the concerned Tribunal independently,” the court observed.
SC clarifies, “Remand order not intended to confer any equity in favour of…”
The Supreme Court further ruled that the remand order should not be seen as extending any advantage or relief to the appellants who couldn’t establish their citizenship claims before the Foreigners tribunals, according to a report by LiveLaw.
“The remand being directed is not intended to confer any equity in favour of a person who is unable to establish his or her claim. It is only to ensure that the serious consequence of being declared a foreigner follows from an adjudication which satisfies the requirements of the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, and the constitutional mandate of fairness,” the bench further clarified.
