‘Process Must Be Fair’: Supreme Court Grants Relief to Declared Foreigners in Assam

Supreme Court Orders Fresh Hearing for Assam ‘Foreigner’ Cases, Says Process Must Be Fair

The Supreme Court on Monday ruled that proceedings to determine a person’s citizenship must be conducted through a fair and transparent process, while granting interim protection to five individuals who had been declared foreigners by Foreigners Tribunals in Assam.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta set aside the orders of the tribunals as well as the Gauhati High Court, directing that the cases be reconsidered through fresh hearings. The court also ordered that no coercive action be taken against the appellants until the tribunals decide the matter again.

Plea Against Technical Grounds

The appeals were filed by Sabitri Dey, Ajbahar Ali, Md Akbar Ali, Abeda Khatun and Anowara Khatun, who contended that they had been declared foreigners based on minor discrepancies in official records.

The petitioners argued that trivial issues such as spelling variations, typographical errors and inconsistencies in names across old electoral rolls and documents were treated as grounds to question their citizenship.

Court Focuses on Due Process

The Supreme Court clarified that it has not expressed any opinion on the citizenship status of the appellants and has not examined the evidence on record to determine whether they are Indian citizens.

Instead, the Bench emphasised that proceedings before the Foreigners Tribunals must conform to the principles of fairness and natural justice, ensuring that individuals receive a meaningful opportunity to present their case before being declared foreigners.

With the earlier orders set aside, the cases will now be heard afresh by the concerned tribunals, and the appellants will remain protected from coercive action until a fresh decision is reached.