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Gauhati High Court Directs Assam Government to Review Orders of All Foreign Tribunals – News18


Curated By: Sheen Kachroo

Last Updated: December 03, 2023, 14:02 IST

The court further noted in Ali’s case that there must be enough evidence that the two names actually resemble different people.
(Representative Image)

The order comes in the backdrop of a plea where petitioner, Forhad Ali, a resident of Assam’s Bongaigaon, was declared foreigner by a tribunal after observing that his father’s name was written different in various documents

The Gauhati High Court has asked the Assam government by Himanta Biswa Sarma to review the orders of all the foreign tribunals in the state.

The order comes in the backdrop of a plea where petitioner, Forhad Ali, a resident of Assam’s Bongaigaon, was declared foreigner by a tribunal after observing that his father’s name was written different in various documents.

A high court bench comprising justices Achintya Malla Bujor Barua and Mitali Thakuria said: “We require the secretary to the government of Assam in the Home Department to conduct a departmental review of all such references that had been answered by the tribunals declaring the proceedees to be citizens.”

The decision was passed against Ali by a Foreigners’ Tribunal at least four years ago. The petitioner approached the Gauhati High Court, challenging the tribunal’s judgment declaring him a foreigner.

Recently, the High Court observed that there can be minor discrepancies in the name of a person, and this cannot be the only basis to declare a person a foreigner.

The court further noted in Ali’s case that there must be enough evidence that the two names actually resemble different people.

Earlier, the Assam government submitted an affidavit before the High Court stating that at least 85 per cent of cases where people are declared foreigners were later found to be Indian citizens.

The High Court bench also voiced concern that individuals may have been labeled as foreigners in several instances without providing justification or doing a thorough analysis of the documentation in existence.

The court also said that it was possible for foreigners to have been mistakenly identified as Indians by the tribunals.

The Home Department was mandated by the high court to furnish tribunal verdicts based on a randomised sample.

The records reveal that many of the decisions were made without providing justification or reviewing the records, even if some of them were “good, reasoned orders.”

The court also directed the government to take “appropriate measures” where it was noticed that orders were passed without citing reasons or analysing materials.

“The result thereof shall be put up in the public domain or before the people of the state for their knowledge, as the matter of illegal immigrants in Assam is an issue that may affect the entire state,” the order further read.

Meanwhile, two judges’ bench of the Gauhati High Court has sent the case of Ali back to the Foreigners’ Tribunal, directing it to re-examine all records, including voter lists, before final verdict.

(with IANS inputs)



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