The Supreme Court on Monday ruled that questions relating to citizenship and foreigner status must be decided through a “fair, lawful and reasonable” process, while setting aside judgments of the Gauhati High Court that had upheld Foreigners Tribunal decisions declaring 27 individuals as foreigners.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta allowed 27 appeals and remanded the matters to the respective Foreigners Tribunals for fresh adjudication. The Court observed that citizenship is a matter of immense constitutional and legal significance and therefore requires a fair and transparent determination.
While recognising the government’s responsibility to prevent illegal claims to Indian citizenship, the apex court said the State has a legitimate interest in ensuring that those not legally entitled to citizenship do not obtain it through false claims or misuse of legal processes. However, it emphasised that such objectives cannot override the principles of procedural fairness.
The Court clarified that the statutory burden of proof under Section 9 of the Foreigners Act, 1946, would continue to rest on the person claiming Indian citizenship. At the same time, it noted that any declaration of a person as a foreigner must result from an adjudication that fully complies with the provisions of the Foreigners Act, the Foreigners (Tribunals) Order, 1964, and constitutional guarantees of fairness.
The Bench made it clear that it had not examined the merits of the appellants’ citizenship claims or the authenticity of the documents relied upon by them. It directed the concerned Foreigners Tribunals to independently reassess each case without being influenced by their earlier findings or the Gauhati High Court’s observations.
The Supreme Court also stated that the remand should not be interpreted as granting any equitable relief to the appellants. Instead, the purpose is to ensure that the serious consequence of declaring someone a foreigner follows a legally sound and fair adjudicatory process.
The cases originated from Gauhati High Court judgments that had upheld ex parte opinions of the Foreigners Tribunals. The High Court had observed that despite repeated notices, the proceedees had failed to appear before the Tribunals and had challenged the declarations only after nearly 23 years. It had also held that since no written statements or evidence were produced, the Tribunals were justified in declaring them foreigners, relying on Section 9 of the Foreigners Act, which places the burden of proving citizenship on the individual concerned.
With Monday’s order, the Supreme Court has set aside both the Gauhati High Court judgments and the corresponding Tribunal opinions, directing fresh hearings in all 27 cases in accordance with due process and the principles of natural justice.
