SC sets aside foreigner tag for 27 in Assam: 'Follow fair process', Pg5

Key Highlights:

• The Supreme Court set aside 27 judgments of the Gauhati High Court that upheld ex-parte orders by Foreigners Tribunals declaring individuals as foreigners.
• The Court emphasized that citizenship determinations must follow a "fair, lawful and reasonable process."
• All 27 cases have been remanded to the respective Foreigners Tribunals for fresh adjudication.
• The Assam government reported that 193 people declared foreigners by Foreigners Tribunals were "pushed" into Bangladesh in the last two years.
• Of these, 67 individuals were expelled by invoking the Immigrants (Expulsion from Assam) Act, 1950, which was revived last year.

Detailed Insights:

• The Supreme Court's ruling highlights the significant constitutional and legal weight attached to questions of citizenship and foreigner status.
• The original judgments were set aside because they were based on ex-parte orders, meaning proceedings were conducted and orders passed in the absence of the individuals concerned.
• The Foreigners Act 1946 places a special burden of proof on individuals to establish their citizenship.
• The Immigrants (Expulsion from Assam) Act, 1950 was enacted to manage post-Partition migration from East Pakistan and allows for the expulsion of individuals whose presence is deemed detrimental.
• The Assam government has adopted a policy of "pushing back" declared foreigners across the international border, sometimes without formal deportation procedures involving mutual verification with Bangladesh.
• The state government also framed a Standard Operating Procedure (SOP) under the revived Immigrants (Expulsion from Assam) Act, 1950, directing declared foreigners to leave within 24 hours.
• The data presented in the Assam legislative assembly categorizes individuals sent to Bangladesh as those formally deported, "sent back," and "expelled."

Key Concepts Involved:

• Foreigners Tribunals (FTs): Quasi-judicial bodies in Assam established under the Foreigners (Tribunals) Order, 1964, to determine if a person is an Indian citizen or a foreigner.
• Foreigners Act 1946: An Act that confers powers upon the Central Government regarding the entry, presence, and departure of foreigners in India, defining a foreigner as a non-citizen.
• Immigrants (Expulsion from Assam) Act, 1950: An Act enacted to provide for the expulsion of certain immigrants from Assam, particularly those whose presence is deemed detrimental to public interest.
• Ex-parte orders: Legal orders made by a court or tribunal without requiring all parties to the dispute to be present.