Guwahati: The Supreme Court, while considering a batch of approximately 117 matters (Court 2, item 22) concerning appeals arising from proceedings before Foreigners Tribunals (FTs) in Assam, sought to examine the legal and administrative basis underlying the constitution and functioning of the Foreigners Tribunals concerned.
In that context, the Court directed that the relevant notifications/orders pursuant to which the respective Foreigners Tribunal cases/references came to be registered and proceeded with be brought on record.
Chander Uday Singh, counsel appearing in the matters, raised submissions concerning the manner in which the Foreigners Tribunals in Assam have been constituted and the procedure followed in their establishment and functioning.
It was contended, inter alia, that the Tribunals and/or proceedings required scrutiny as to whether they had been constituted and initiated in accordance with the procedure prescribed by law.
The Apex Court has accordingly called for the relevant foundational material to be placed before it so that the issue may be examined on the basis of the official record.
The Nodal Counsel have been asked to coordinate and place on record the relevant notifications/orders pertaining to the Foreigners Tribunals and the references/cases involved in the batch.
Pertinently, the Foreigners Tribunals are quasi-judicial bodies operating exclusively in Assam to determine whether a suspected person is an illegal foreigner or an Indian citizen.
Established under the Foreigners (Tribunals) Order, 1964, enacted by the Ministry of Home Affairs, they function only within the state of Assam to resolve citizenship and doubtful voter (“D-voter”) cases.
Under Section 9 of the Foreigners Act, 1946, the onus lies entirely on the proceedee (the individual) to prove they are an Indian citizen rather than the state proving guilt first.