Overview
- A bench of Justices Vikram Nath and Sandeep Mehta allowed 27 appeals on Monday and set aside Gauhati High Court judgments that had upheld Foreigners Tribunal orders declaring the people to be foreigners.
- The court said citizenship questions must be decided by a process that is fair, lawful and reasonable and made clear it did not test the merits of the appellants’ claims.
- The judgment keeps the statutory burden of proof on the proceedee under Section 9 while directing the appellants to appear within specified timeframes and asking tribunals to try to finish fresh hearings within six months.
- The Court ordered tribunals to verify that notice was properly served, to disclose the main grounds and state evidence, and to record reasoned findings even in cases that have gone effectively ex parte.
- The decision highlights the human stakes—declared foreigners can face detention, deportation and possible statelessness—and signals closer judicial oversight of Assam’s tribunal practices and record‑based adjudication.