'Determine citizenship status fairly': SC protects Assam individuals declared foreigners
What's the story
The Supreme Court on Monday stressed that the determination of citizenship and foreigner status should be done through a "fair, lawful and reasonable" process while setting aside judgments of the Gauhati High Court, which had upheld declarations of 27 appellants as foreigners. A bench of Justice Vikram Nath and Justice Sandeep Mehta allowed the appellants' petitions and sent the cases back to the concerned Foreigners Tribunals for fresh adjudication.
Fairness emphasized
Citizenship must be decided fairly: SC
The Supreme Court stressed that citizenship carries high constitutional and legal significance and must be decided fairly. "Citizenship and foreigner status occupy a field of high constitutional and legal significance," the bench observed. At the same time, the court acknowledged that 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."
Order clarification
No examination of merits of claims
However, it stressed that the determination of such status must be made through a process that is fair, lawful and reasonable. While clarifying the scope of its order, the court said it did not examine the merits of appellants' claims to Indian citizenship. "Those questions must be decided by the concerned Tribunal independently," the court said. It further emphasized that the remand should not be construed as granting any equitable relief to the appellants.
Fresh adjudication
SC sets aside opinions of Foreigners Tribunals
"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 court observed. The Supreme Court set aside both the Gauhati High Court judgments and the corresponding opinions and orders passed by concerned Foreigners Tribunals. The court directed that the concerned Tribunals shall decide the cases afresh, uninfluenced by any earlier observations.