Foreigner Tribunal Members Must Be Given Relevant Bare Acts, At Least Two Law Journals Reporting HC Orders: Gauhati High Court To State

The Gauhati High Court recently asked the Government of Assam to ensure that at least two law journals as well as the relevant Bare Acts are made available to the serving Members of the Foreigners Tribunals on a regular basis.

The single-judge bench of Justice Suman Shyam observed:

“There can be no denial of the fact that the learned Members of Foreigners Tribunals are constantly required to decide reference cases by keeping in mind the decisions of this High Court, rendered from time to time, governing the issues arising in the realm of citizenship claims involved in these reference proceedings."

"Therefore, unless the learned Members of the Tribunals are made aware of the latest trend in the law laid down by the High Court on the subject, it would, in all likelihood, create unnecessary obstacle and/ or confusion while deciding the reference cases expeditiously. Having regard to the seriousness of the issue, this Court is of the opinion that the Members of the Foreigners Tribunals must have access to all the relevant Bare Acts and atleast two local law journals, which regularly reports the decisions of this High Court,” it added.

The Court was hearing a writ petition in which by order dated June 11, 2024, it asked the State Government to respond to the following queries:

1. Number of cases disposed of by each of the Foreigners Tribunals in Assam during the last 06 months ending with May 31, 2024.
2. Whether proper Library facilities including regular journals being provided to the Members of the Foreigners Tribunals and if not, reason for not doing so?
3. Whether there is an internal departmental mechanism to look into the grievances of individual Members of the Foreigners Tribunals and staff working under them?
4. Whether necessary orders for extension of service of the Members of the Foreigners Tribunals have been issued by the State Government?

The Government of Assam filed an affidavit dated July 31, 2024, bringing the stand of the Government on record with reference to each of the four above-mentioned issues.

The State also annexed a copy of the report dated July 08, 2024, as an annexure to the said affidavit, which gives the disposal figure of cases by the various foreigners tribunals across the State of Assam during the period of 06 months w.e.f. December, 2023 to May, 2024.

The amicus curiae submitted that apart from the fact that the disposal rate in some of the Foreigners Tribunals is found to be very low, there is also no indication in the report as to the number of cases pending in those tribunals, as a result of which, objective assessment of the functioning of those tribunals would not be possible.

With regard to the second issue pertaining to providing library facilities/ journals etc., the State submitted that at present there is no proposal for providing library facilities or journals to the members of the Foreigners Tribunals, yet, if a request is received to that effect from the Members, the Government will ensure that the needful is done, in consultation with the Judicial Department.

The Court noted that so far as the third and fourth issues were concerned, it appears that both issues have been adequately addressed and as such, no further order is required to be passed on the above aspects, at this point in time.

The Senior Additional Advocate General, Assam submitted a copy of the notification dated June 19, 2024, issued by the District Commissioner, Dima Hasao at Halflong containing the names of three advocates shortlisted for appointment as Government Pleader/Assistant Government Pleader in the Foreigners Tribunals in the Dima Hasao district to submit that appropriate notification, appointing the Government Pleader/Assistant Government Pleader, will be issued soon.

However, the amicus curiae submitted that a similar problem has arisen in Hailakandi district also, where there is no Government Pleader/Assistant Government Pleader for the Foreigners Tribunals available.

The Court observed that if that is so, the government would be required to look into the matter and take corrective steps as may be permissible under the law.

“In view of the above, this Court is of the opinion that on the next date fixed, the learned counsel for both sides to obtain updated instruction and apprise this Court on the issues noted above and also to produce the pendency figure in the different Foreigners Tribunals in Assam,” the Court said.

The Court further directed the Senior AAG to obtain instruction and apprise the Court on the next date, if the Government is considering the requirement of imparting refresher course training to the Members of the Foreigners Tribunals, in the near future.

The matter is listed again on September 26.

Case No.: WP(C)/1754/2015

Case Title: XXX XXX XXX v. In Re- the Government of Assam & 3 Anr.

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