The Supreme Court on Monday ordered the citizenship status of 27 people who had been declared ‘foreigners’ in Assam must be reconsidered. ‘But verification process must be fair, transparent and legally sound,’ said Justice D. R. Singh of the Foreigners Tribunals of Assam.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta observed that citizenship and foreigner status are important constitutional and legal issues. The court directed the tribunals to carry out a fresh analysis of the cases and due process should be followed.
The order provides temporary relief to the affected individuals and the Supreme Court says that no coercive action should be taken against them until the matter is reconsidered by the Foreigners Tribunals.
Sabitri Dey, Ajabahar Ali, Mohammad Akbar Ali, Abeda Khatun and Anwara Khatun were among those who approached the court. The petitioners claimed they were declared foreigners only because of minor spelling mistakes in their names appearing in old electoral rolls, and that they were Indian citizens.
The petitioners had challenged the Foreigners Tribunal's decision before the Gauhati High Court, which upheld the tribunal's findings. Dissatisfied with that verdict, they moved the Supreme Court seeking relief.
In issuing a fresh review, the Supreme Court made clear that it had not made any decision on the merits of the petitioners' claims. Instead, it said the duty of determining the authenticity of their citizenship documents and claims rests with the competent Foreigners Tribunal.
At the same time, the Bench pointed out that the State has a legitimate constitutional authority to identify illegal immigrants and protect the integrity of India's citizenship laws. They found that no person can claim Indian citizenship through false declarations or procedural manipulation.
The court said verification must also balance individual rights with the State’s duty to regulate citizenship so that each case is thoroughly and legally investigated.
The decision is important as procedural fairness in citizenship-related cases is necessary and the government has the right to detect and act against illegal immigration. The final determination of citizenship status of 27 individuals is now to be made by the concerned Foreigners Tribunals after a fresh examination of the evidence.
