Supreme Court Demands Legal Basis for Assam Foreigners Tribunals

Guwahati: The Supreme Court is digging into the legal roots of Assam's Foreigners Tribunals. Judges are currently reviewing a batch of 117 pending appeals, labeled as item 22 in Court 2. They want to see the specific notifications and orders that created these bodies. The bench demands transparency. Nodal counsel must now gather and submit these documents to establish the official administrative record.

Attorney Chander Uday Singh pushed the issue before the court. He questioned whether these tribunals followed the proper legal path during their creation and daily operations. Singh argued the proceedings need a deep dive to ensure they meet mandatory legal requirements. The court agreed to examine the foundation of these proceedings.

Foreigners Tribunals serve as quasi-judicial bodies found only in Assam. The Ministry of Home Affairs set them up under the Foreigners (Tribunals) Order, 1964. They handle sensitive citizenship status and doubtful voter, or D-voter, cases. Under Section 9 of the Foreigners Act, 1946, the burden of proof falls solely on the individual. The accused must prove their Indian citizenship, as "the onus lies entirely on the proceedee" to defeat claims of illegal status.