New Delhi: Supreme Court has reinstated the citizenship of Md Rahim Ali, a Muslim man from Assam who was erroneously declared a foreigner by a Foreigners Tribunal over 12 years ago.
The Court identified a “grave miscarriage of justice” in the case, spotlighting significant procedural flaws.
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A bench comprising Justice Vikram Nath and Justice Ahsanuddin Amanullah ruled in favor of Ali, highlighting substantial deficiencies in the legal process initiated by the police in 2004 that led to his wrongful designation as a foreigner.
The Supreme Court clarified that, at the initial stage, evidence need not be scrutinized for its full evidentiary value, but there must be a foundation beyond mere suspicion for any allegations.
“In the absence of basic/primary material, it cannot be left to the untrammelled or arbitrary discretion of the authorities to initiate proceedings, which have life-altering and very serious consequences for the person, based on hearsay or bald and vague allegation(s),” the Court stated.
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The Court criticized the authorities for misinterpreting the term “main grounds” as synonymous with “allegations” at the inception stage of the proceedings.
This misinterpretation was deemed sufficient to invalidate the entire process.
The Court clarified that “main grounds” are distinct from the “allegation” of being a foreigner.
“Audi alteram partem does not merely envisage a fair and reasonable opportunity of being heard. In our opinion, it would encompass within itself the obligation to share material collected with the person/accused concerned,” the judgment read.
The Court noted that the evidence presented to the tribunal was dismissed due to discrepancies in the English spelling of names and dates.
The bench observed that minor spelling variations should not lead to severe consequences, acknowledging that different spellings are common across India due to regional pronunciation habits.
“It is not uncommon throughout India that different spellings may be written in the regional/vernacular language and in English. Such/same person will have a differently spelt name in English and the local language. This is more pronounced where due to specific pronunciation habits or styles there can be different spellings for the same name,” the Court further remarked.
The Supreme Court set aside the orders of both the Gauhati high court and the Foreigners Tribunal, unequivocally declaring Ali an Indian citizen.
The judgment concluded, “We are not inclined to remand the matter to the Tribunal for another round of consideration. Putting an authoritative quietus to the issue, the appellant is declared an Indian citizen and not a foreigner. Necessary consequences in law shall follow.”