Supreme Court stresses fairness in citizenship determination, sets aside HC order on Assam residents

NEW DELHI: The Supreme Court has asserted that procedures for determining citizenship must be fair and constitutionally sound, as it set aside a Gauhati High Court order that had upheld a Foreigners Tribunal decision declaring 27 individuals in Assam as non-citizens.
A bench comprising Justices Vikram Nath and Sandeep Mehta observed that while the state has a legitimate interest in ensuring that individuals who are not eligible do not obtain citizenship, the process must adhere strictly to legal frameworks. The court emphasised that declaring an individual a foreigner carries severe consequences, necessitating a transparent and rigorous legal process.

The 27 petitioners had moved the apex court challenging the Gauhati High Court’s decision, which had affirmed the Foreigners Tribunal’s ruling that they were not Indian citizens. The initial ruling had effectively placed the individuals at risk of being deported to Bangladesh.

Setting aside the High Court’s order, the Supreme Court directed the Foreigners Tribunal to re-examine the case and make a fresh decision. The apex court clarified that this directive should not be interpreted as final relief for the petitioners. Furthermore, the bench stated it was not expressing an opinion on the merits of the appeal, nor on the authenticity, relevance, or sufficiency of the documents submitted by the individuals before the tribunal.
The Supreme Court directed that the Tribunal must independently assess the materials on record and reach a decision in accordance with the Foreigners Act, 1946, and the Foreigners (Tribunals) Order, 1964.