Citizenship
'Citizenship must be decided fairly': Supreme Court quashes Gauhati HC order declaring 27 as foreigners
New Delhi/IBNS: The Supreme Court on Monday stressed that the determination of citizenship and foreigner status must be carried out through a "fair, lawful and reasonable" process, while setting aside a Gauhati High Court order that had upheld the declaration of 27 individuals as foreigners, media reports said.
Background of the Case
The case relates to 27 individuals who had challenged an ex parte order of a Foreigners Tribunal declaring them foreigners.
The Gauhati High Court had dismissed their petitions, observing that the appeals had been filed 23 years after the tribunal's order.
The High Court also noted that the petitioners had failed to appear before the tribunal despite repeated notices.
Supreme Court Sets Aside High Court Order
A Bench comprising Justices Vikram Nath and Sandeep Mehta allowed the appeals and remanded the cases to the respective Foreigners Tribunals for fresh adjudication.
The apex court observed that questions relating to citizenship carry profound constitutional significance and therefore require a process that is fair, lawful and reasonable.
Court Balances Individual Rights and State Interest
While emphasising procedural fairness, the Supreme Court also recognised the State's legitimate interest in preventing illegal claims to Indian citizenship.
"Citizenship and foreigner status occupy a field of high constitutional and legal significance," the Bench said, as quoted by Live Law.
"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 court added.
The Bench further observed: "At the same time, the determination of such status must be made through a process which is fair, lawful and reasonable. The statutory burden under Section 9 of the Foreigners Act, 1946 remains fully applicable."
No Automatic Relief for Petitioners
The Supreme Court clarified that sending the matter back to the Foreigners Tribunals should not be construed as granting any equitable relief to the 27 individuals.
Instead, the tribunals have been directed to reconsider the cases afresh in accordance with law, while ensuring due process is followed.
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