Guwahati: A member of a Foreigners Tribunal (FT) in Assam’s Udalguri district has been arrested on charges of demanding a Rs 15,000 bribe to release a person on bail, a senior police officer said.

Bhupen Chandra Pegu, a member of the tribunal since 2018, was arrested following an investigation into a complaint received on August 29, Udalguri Senior Superintendent of Police (SSP) Padmanabh Barua said.

Police said Pegu was accused of demanding Rs 15,000 from a person whose case was pending before the tribunal. The complainant and the person whose case was pending were not identified.

An FIR was registered against Pegu at Mazbat Police Station under Section 308(2) of the Bharatiya Nyaya Sanhita (BNS), pertaining to extortion, and Section 7(a) of the Prevention of Corruption Act, which deals with obtaining or attempting to obtain an undue advantage to perform public duty improperly or dishonestly.

A police statement said action was initiated after information was received from an informant. Pegu was subsequently produced before a local judge, police said.

The Foreigners Tribunal is a quasi-judicial body in Assam that determines whether an individual is an illegal immigrant or a foreigner. It can also order the detention of suspected foreigners in designated detention camps. Assam has about 100 functional tribunals.

Concerns over Tribunal functioning

The case has revived concerns over allegations of attempts to influence proceedings before Foreigners Tribunals.

Sishir Dey, a former tribunal member in Karimganj, now Sribhumi, described the development as a concerning trend. He recalled allegations of attempts to influence tribunal proceedings in 2018-19, saying a tribunal member was subsequently suspended. He added that similar accusations had surfaced from time to time.

Dey said the latest case had renewed concerns over the functioning of the system and argued that, if the allegations were established, the entire process should be scrutinised. He noted that tribunal proceedings deal with citizenship and that a person declared a foreigner can face provisions for being pushed back.

Social activist Kamal Chakraborty also pointed to the consequences of tribunal decisions, saying that although the bodies are quasi-judicial institutions, their opinions on citizenship can have serious implications.

Chakraborty said there had been instances of genuine Indians being declared foreigners by the tribunals.

Former tribunal member and lawyer Dharmananda Deb said that if Pegu had attempted to manipulate the judicial process, he should face exemplary punishment.

Senior advocate Hafiz Rashid Ahmed Chowdhury also questioned the process of selecting tribunal members. He said the members are selected by the state government and that many are practising lawyers.

Chowdhury suggested that retired judges should be appointed to the tribunals instead of young lawyers. He also said a lack of legal expertise and understanding had resulted in the Gauhati High Court and the Supreme Court setting aside several tribunal orders.