Gauhati High Court Directs State To Explain Why Foreigners Tribunal Ignored Woman's Plea That Show Cause Notice Wasn't Intended For Her

The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan observed:

“The respondents in the Home Department, Government of Assam to show cause by filing an affidavit as to why the Member of Foreigners’ Tribunal No.2, Dhubri, behaved in a manner that when the writ petitioner reported back to the Tribunal that she is not the person to whom the notice was intended, the Tribunal without any reason did not even look into the said aspect raised but by the order dated 26.05.2022, compelled the petitioner to discharge the burden under Section 9 of the Foreigners Act, 1946 that she is not a foreigner.”

The petitioner contended before the Foreigners Tribunal, Dhubri that she was not the person against whom the notice was issued but the Tribunal without looking into the said aspect, ordered the petitioner to discharge the burden under the Section 9 (Burden of proof) of the Foreigners Act that she is not a foreigner.

The Court noted that the implication of the said order would be that the suspected foreigner to whom the notice was actually issued is allowed to go scot free by the Tribunal, whereas another person who is not referred to be a foreigner is now compelled to discharge the burden that she is not a foreigner.

Thus, the Court directed the State to show cause in the form of an affidavit for the impugned action of the Tribunal and further inform the Court as to what rectification action has been taken in the matter.

Case Title: Lal Bhanu Bibi v. The Union of India and 6 Ors.

Coram: Justice Achintya Malla Bujor Barua and Justice Robin Phukan

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