NEW DELHI: Emphasising that determination of citizenship status must be carried out through a “fair, lawful and reasoned” process, the Supreme Court on Monday set aside the Gauhati High Court’s order that had upheld declarations of 27 persons as foreigners.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta allowed the appeals of 27 persons declared foreigners and remanded their cases back to the Foreigners Tribunals concerned “for fresh adjudication in accordance with law.”
“The concerned Tribunals shall decide the references afresh, uninfluenced by any observation made either by the High Court in the impugned judgments or by the Tribunals in the earlier opinions. The appellants shall appear before the concerned Tribunals within four weeks from the date of this judgment,” it ordered.
Writing the judgment for the Bench, Justice Nath 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 procedural delays.” History
The Bench, however, clarified that “At the same time, the determination of such status must be made through a process which is fair, lawful and reasoned. The statutory burden under Section 9 of the 1946 (Foreigners) Act remains fully applicable. The remand being directed by this Court is not intended to dilute that burden, nor is it intended to confer any equity in favour of a person who is unable to establish his or her claim in accordance with law.”
The top court said, “It is only to ensure that the serious consequence of being declared a foreigner follows from an adjudication which satisfies the requirements of the 1946 (Foreigners) Act, the 1964 (Foreigners Tribunals) Order, and the constitutional mandate of fairness.”
It asked the appellants to cooperate with the proceedings and not to seek unnecessary adjournments. “If any appellant fails to appear before the concerned Tribunal within the time granted by this Court, or having appeared, fails to cooperate with the proceedings, it shall be open to the concerned Tribunal to proceed further in accordance with law,” it ordered.
