Ensure Decent Working Conditions In Foreigners' Tribunals: Gauhati HC Directs Dy. Commissioners Across Assam

Expressing its concern over the working condition and the atmosphere in the Foreigners' Tribunal, the Gauhati High Court on Thursday directed the Deputy Commissioners across the state of Assam to take immediate steps to ensure decent working conditions in the Tribunals.

Importantly, noting that the tribunals' members are required to hear cases and pass orders by sitting on a Sofa as the basic amenities such as a Chair and a Table is not available in those Tribunals, the Bench of Justice Suman Shyam issued the following order:

"The Deputy Commissioners of all the districts to take immediate steps to ensure that the minimum infrastructural facilities, so as to ensure a decent working condition in the Foreigner's Tribunal across the State wherever necessary, is put in place without further delay," the Court directed.

Even though the Court accepted that upgrading the infrastructure in the existing Tribunals may take some more time due to operational reasons, however, the Court stressed that Tribunal Members can't be made to function even without a proper sitting arrangement 

Against this backdrop, the Court observed thus:

"If the learned Members of the FTs are discharging their duties on a regular basis, then it would be the responsibility of the State Government to make available to them, the minimum infrastructural facilities so as to ensure that they can function in a manner that is befitting the office held by them."

Other submissions made before the Court

• Standing Counsel, FT, Assam submitted that the Home Secretary, Govt. of Assam has issued necessary notification regarding the constitution of the 3 Members Committee as well as the guidelines and procedures to be followed for entertaining and deciding the complaints received against the members of the FTs.
• However, it was also submitted that the approval of the Government of India, in the Ministry of Home Affairs, regarding the extension of service of 200 additional FT Members is still awaited, as a result of which, there is some uncertainty in the functioning of those Tribunals.
• The Amicus Curiae submitted that the Members of the FTs have received their salary for the month of July.

With regard to the recruitment of 200 additional FT Members, the Court was apprised that due to non-finalization of the NRC and consequent non-issuance of the NRC rejection slips, the purpose of such recruitment remained unfulfilled, and therefore, they were not assigned any regular work for a long period of time.

In this regard, the State Counsel apprised the Court that there was still some uncertainty as to their continuance in office as the State Government would not be in a position to extend their service in the absence of approval from the Government of India.

Lastly, adjourning the case for further hearing on October 28, 2021, the Secretary to the Govt. of Assam, Home and Political Department, was directed to take necessary follow-up steps for ensuring compliance with the order.

Case title - XXX XXX XXX v. In re - The Government of Assam and 3 Anr.

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