SC sets aside Gauhati HC order declaring 27 people as foreigners
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The Supreme Court on Monday set aside a batch of Gauhati High Court judgments that had upheld the declaration of 27 people as foreigners, holding that questions of citizenship and foreigner status must be decided through a "fair, lawful and reasonable" process.
A bench comprising Justices Vikram Nath and Sandeep Mehta allowed the appeals and remanded the cases to the concerned Foreigners Tribunals for fresh adjudication, observing that issues relating to citizenship carry "profound constitutional significance."
"Citizenship and foreigner status occupy a field of high constitutional and legal significance," the bench said.
The court acknowledged the government's legitimate interest in preventing misuse of the citizenship process but emphasised that such concerns could not override the right to a fair hearing.
"The State has a legitimate and compelling interest in ensuring that persons who are not legally entitled to claim Indian citizenship do not secure such status by misuse of process, by false claim or by taking advantage of delays," the bench observed, adding that the statutory burden of proof under Section 9 of the Foreigners Act, 1946, would continue to apply.
The apex court clarified that it had not examined the merits of the appellants' citizenship claims or the authenticity of the documents relied upon by them, leaving those issues to be independently decided by the Foreigners Tribunals.
It also cautioned that the remand should not be construed as granting any relief or equity to the appellants.
"The remand being directed is not intended to confer any equity in favour of a person who is unable to establish his or her claim," the bench said, adding that its purpose was solely to ensure that any declaration of foreigner status followed a procedure consistent with the Foreigners Act, the Foreigners (Tribunals) Order, 1964, and the principles of constitutional fairness.
The court directed the Foreigners Tribunals to decide the cases afresh, uninfluenced by any observations made earlier by either the Gauhati High Court or the tribunals.
In the lead case, Swasthi Dey v Union of India, the Gauhati High Court had dismissed the appellants' challenge to an ex parte order declaring them foreigners, observing that they had failed to appear before the tribunal despite being served notices and had approached the High Court nearly 23 years after the tribunal's original order.
Relying on Section 9 of the Foreigners Act, the High Court had held that the burden of proving Indian citizenship rested entirely on the proceedee and did not shift even in ex parte proceedings.
