'Questions About Citizenship Should Be Adjudicated On Merits Hearing Person Concerned': Gauhati HC Sets Aside Ex-Parte Order Which Declared A Woman Foreigner

Observing that citizenship is one of the most important rights of a person, the Gauhati High Court recently said that any question arising about the citizenship of a person must be adjudicated on the basis of merits on hearing the person concerned.

A division bench comprising of Justice N Kotiswar Singh and Justice Soumitra Saikia observed thus:

"It is to be remembered that citizenship is one of the most important rights of a person. By virtue of citizenship, one becomes a member of a sovereign country and becomes entitled to various rights and privileges granted by law in the country and, as such, if any question arises about citizenship of a person, in our opinion, the same should be adjudicated as far as possible on the basis of merit and on hearing the person concerned."

The observation came while dealing with a petition filed by one Rahima Khatun challenging an ex parte order passed by the Foreigners Tribunal, Dhubri dated 9th June 2016 declaring her to be as an illegal migrant of post 1971 stream.

It was the case of the petitioner that on receipt of notice from the Tribunal, her son appeared on her behalf without her knowledge. However, the ex parte order was passed as he did not appear before the Tribunal on various dates fixed in the matter.

The High Court on the perusal of the records observed that the Foreigners Tribunal had passed the said order "without hearing the petitioner".

Observing that citizenship is one of the most important rights of a person and any question regarding it must be adjudicated on merits on hearing the person, the Court remanded the matter to the Foreigners Tribunal for "reconsideration of the issue as to whether the petitioner is a foreigner or not" and directed her to appear before the Tribunal on or before 5th May 2021.

In view of the aforesaid observation, the Court allowed the petition and set aside the impugned order passed by the Foreigners Tribunal.

"However, since the petitioner's citizenship is under cloud as the petitioner has been already declared as a foreigner by the aforesaid Foreigners Tribunal, she will appear the petitioner will appear before the Superintendent of Police (Border), Dhubri within 15 (fifteen) days from today. On such appearance, the petitioner shall furnish a bail bond of Rs.5000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority whereafter she shall be allowed to remain on bail. The concerned Superintendent of Police (Border) may obtain necessary information and documentation as required under the rules from the petitioner for securing her presence. The concerned Superintendent of Police (Border) shall also take steps for capturing the finger prints and biometrics of the iris of the petitioner, if so advised." The Court stated.

Title: Rahima Khatun v. Union of India & Ors.

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