The Foreigners’ Tribunal bench of the Gauhati High Court has stated that once someone is declared an Indian by the tribunal, that person cannot be declared a non-Indian if brought before it a second time. The observation is critical in a state where a person declared to be Indian has been sent notices to prove nationality twice or more times.
During a hearing on a case involving nationality, the court stated that the Tribunal’s opinion on a person’s citizenship would be “res judicata,” which means that the matter has already been decided and cannot be brought before the court again.
During a hearing earlier this week on a slew of citizenship petitions, the Bench of Justices N Kotiswar Singh and Justice Nani Tagia stated that while the principle of res judicata “is based on public policy,” it will “stand subsumed” under the overarching public policy governing a sovereign nation while dealing with illegal foreigners under the relevant laws. The decision, they claimed, was made by the high court in the Amina Khatoon case in 2018, but the bench noted that it is ‘not good law’ in light of the Supreme Court’s decision in the Abdul Kuddus case.
While arguing that case, the state claimed that Section 3 of the Foreigners Act of 1946 gives the Central Government the authority to detect and deport foreigners.
While continuing to handle deportations, the Central Government delegated this authority to Superintendents of Police.
The Superintendents of Police, under the Foreigners (Tribunals) Order, 1964, only seek an opinion from the Foreigners Tribunals and make the final decision.
“A Foreigners Tribunal only renders an opinion. Therefore, it would be wrong to say that the Central Government or for that matter, Superintendents of Police would be bound by the opinion of the Foreigners Tribunal… consequently, opinion rendered by a Foreigners Tribunal cannot be construed as a judgment, (under the Amina Khatoon case)” the court said.
Petitioners now argue that Amina Khatoon is no longer a good law to follow, citing several Supreme Court decisions.
The court then stated that the Tribunal’s decision will be considered “res judicata.” This means that once someone has been declared an Indian by the Tribunal, he or she cannot be declared a foreigner in a subsequent hearing.
The Shining Media is an independent news website and channel, covering updates from the world of Politics, Entertainment, Sports, International, National, and a lot more.
