Guwahati: Around 200 additional Foreigners’ Tribunals (FT)’s members have planned to move Supreme Court against the Assam government’s decision to discontinue their services.
In a notification, the Assam government on October 14 stated that the additional members working in Foreigners Tribunals have been removed from duty, effective from September 23.
The members were appointed primarily to handle cases related to the National Register of Citizens (NRC).
At that time, the question arose about the validity of the judgments given by these attached members between September 23 and October 14.
The Assam government’s decision created strong resentment among these members and some of them are preparing to go to the apex court challenging the government notification.
Notably, a Foreigners’ Tribunal (FT) is a quasi-judicial body and a member of the FT has a designation similar to a judge.
In addition to 100 regular FTs, the Assam government appointed practicing lawyers, retired civil servants, and judicial officers for the additional 200 FTs soon after the complete draft NRC was published in August 2019.
The government has used the word ‘forfeiture’ while issuing their removal notification which is derogatory, said a member on condition of anonmity.
He said that according to the Civil Service Rules, the term ‘forfeiture’ cannot be used to remove someone from service.
If this term is to be used exclusively, then the person concerned should first be charged and investigated.
After that, if found guilty, ‘forfeiture’ can be imposed. Moreover, as these members have been selected as per the High Court order, the government cannot ‘forfeit’ their tenure.
In another case related to Foreigners’ Tribunal, objections were raised before the Gauhati High Court on this ‘forfeiture’ word used in the government notification on Wednesday.
Responding to this, State’s Additional Advocate General D. Majumder said that if inappropriate words were used in the October 14 notification, it can be rectified but it requires some time.