The Supreme Court on Monday ruled that citizenship and foreigner status in Assam must be determined through a "fair, lawful and reasonable" process, overturning Gauhati High Court judgments that had upheld the declaration of 27 individuals as foreigners.
A bench of Justices Vikram Nath and Sandeep Mehta allowed 27 appeals and remanded the cases to the Foreigners Tribunals for fresh adjudication, emphasizing that citizenship holds significant constitutional and legal weight.
Why the Ruling Matters for Citizenship Cases
The court noted that while the state has a compelling interest in preventing misuse of citizenship claims, procedural safeguards cannot be overlooked. "The determination of such status must be made through a process which is fair, lawful and reasonable," the bench stated, citing the Foreigners Act, 1946.
The order does not prejudge the merits of the appellants' claims. The tribunals must independently assess the genuineness, admissibility, and sufficiency of documents submitted, the court clarified.
Next Steps for the 27 Appellants
The Supreme Court set aside prior judgments from the Gauhati High Court and the Foreigners Tribunals, directing a fresh review. The remand ensures that any declaration of foreigner status follows legal requirements and constitutional fairness.
Among the appellants, individuals like Sabitri Dey and Md Akbar Ali had challenged their foreigner status over minor discrepancies, such as typographical errors in electoral rolls. The cases originated from orders by Assam’s Foreigners Tribunals.
