Supreme Court Orders Fresh Review of 27 Citizenship Cases, Stresses Fair Procedure in Foreigner Determination

Top court overturns Gauhati High Court's decision, says citizenship questions must be decided through a lawful, transparent and just process.

New Delhi, July 13: In a significant ruling on citizenship-related disputes, the Supreme Court on Monday emphasised that decisions regarding an individual’s citizenship or foreigner status must be reached only through a fair, lawful and transparent legal process. The Court set aside the Gauhati High Court‘s judgment that had upheld the declaration of 27 individuals as foreigners and directed that their cases be reconsidered.

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta remanded all 27 matters to the respective Foreigners Tribunals for a fresh hearing. The judges observed that issues concerning citizenship carry immense constitutional importance and directly affect fundamental rights, making it essential that every case receives proper judicial scrutiny.

The Supreme Court clarified that while the legal framework governing citizenship must be followed, the process adopted by authorities should also ensure fairness and provide affected individuals with a meaningful opportunity to present their case.

The dispute arose after the Gauhati High Court dismissed petitions filed by 27 individuals who had challenged ex parte orders passed by the Foreigners Tribunals. The High Court had noted that the petitioners approached the court nearly 23 years after the tribunal’s decision and observed that they had failed to appear before the tribunal despite receiving notices.

During the earlier proceedings, the High Court relied on Section 9 of the Foreigners Act, 1946, under which the responsibility of proving Indian citizenship rests with the person whose status is under question.

However, the Supreme Court has now directed the Foreigners Tribunals to conduct a fresh adjudication of all the cases independently. The Court instructed that the tribunals should not be influenced by the findings recorded in either the previous tribunal orders or the Gauhati High Court judgment while reconsidering the matter.

The ruling is expected to provide the 27 appellants with a fresh opportunity to establish their citizenship claims before the competent tribunals through a fair and impartial hearing.