"Citizenship Must Be Decided Through Fair Process": Supreme Court Orders Fresh Hearing in 27 Assam Foreigner Cases

GUWAHATI: The Supreme Court on Monday, July 13, emphasised that the determination of citizenship and foreigner status must be carried out through a "fair, lawful and reasonable" process, while setting aside Gauhati High Court judgments that had upheld the declaration of 27 individuals as foreigners in Assam.

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A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta allowed 27 appeals and remanded the cases to the concerned Foreigners Tribunals for fresh adjudication. The Court observed that questions relating to citizenship have significant constitutional implications and must be decided in accordance with the principles of fairness.

"Citizenship and foreigner status occupy a field of high constitutional and legal significance," the Bench observed.

At the same time, the Court recognised the State's responsibility to prevent illegal claims to Indian citizenship.

"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 claim or by taking advantage of delays," the Bench said.

However, it stressed that this objective cannot override procedural fairness.

"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 observed.

Clarifying its ruling, the Bench said it had not examined the merits of the appellants' citizenship claims or the authenticity of the documents relied upon by them. Instead, it directed the Foreigners Tribunals to independently assess the evidence while deciding the cases afresh.

The Court also clarified that the remand does not amount to granting any equitable relief to the appellants.

Accordingly, it set aside both the Gauhati High Court judgments and the corresponding opinions and orders passed by the concerned Foreigners Tribunals, directing the Tribunals to hear the cases afresh without being influenced by their earlier findings.

The case arose after the Gauhati High Court had dismissed challenges to ex parte orders of the Foreigners Tribunal declaring the petitioners as foreigners. The High Court had observed that despite being served notices, the petitioners failed to appear before the Tribunal and challenged the orders only after nearly 23 years. It had also held that under Section 9 of the Foreigners Act, 1946, the burden of proving Indian citizenship rests entirely on the person against whom the proceedings are initiated.

The Supreme Court has now directed the concerned Foreigners Tribunals to reconsider all 27 cases independently in accordance with the law and the constitutional requirement of a fair hearing.

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