The Supreme Court on Monday set aside a Gauhati High Court order that had upheld the declaration of 27 appellants as foreigners. While remanding the cases, the Supreme Court clarified that it had not examined the merits of the appellants' claims to Indian citizenship.
According to a report by LiveLaw, a bench of Justices Vikram Nath and Sandeep Mehta remanded all 27 cases to the concerned Foreigners Tribunals for fresh adjudication, observing that issues of citizenship and foreigner status carry "high constitutional and legal significance."
Citizenship Requires Fair Process
In its observations, the bench underscored that the determination of citizenship and foreigner status carries significant consequences and must be undertaken through a fair, lawful and reasonable process. The apex court held that questions relating to citizenship must be decided through a "fair, lawful and reasonable" process.
The bench said that any determination affecting an individual's citizenship must be undertaken through a process that is fair, lawful and reasonable. "Citizenship and foreigner status occupy a field of high constitutional and legal significance," the court observed.
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The Supreme Court also directed the tribunals to decide the cases independently, without being influenced by the earlier opinions of the Foreigners Tribunals or the Gauhati High Court.
"The concerned Tribunals shall decide the cases afresh and uninfluenced by any of the observations made by the High Court or by the Tribunals in the earlier opinions," the Bench said.
Cases Sent Back To Foreigners Tribunals
The judgment came on a batch of appeals challenging ex parte orders passed by Foreigners Tribunals, which had declared the appellants to be foreigners. Those orders were later upheld by the Gauhati High Court.
The High Court had dismissed the petitions primarily on the ground that the tribunal opinions were challenged nearly 23 years after they were passed. It had also noted that the petitioners failed to appear before the tribunals despite being served notices.
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Burden Of Proof
While upholding the tribunal orders, the Gauhati High Court had relied on Section 9 of the Foreigners Act, 1946, which places the burden of proving Indian citizenship on the individual concerned rather than the government.
The Supreme Court, however, clarified that it had not examined the merits of the appellants' citizenship claims and that the Foreigners Tribunals would now reconsider the cases afresh in accordance with law.