Context: Recently, the Supreme Court has ordered the Assam Government to deport the foreigners lodged in detention centres. Some of them have been in detention for 10 years after being declared as foreigners by the Foreigners Tribunal.
Relevance of the Topic:Prelims: Key facts about Foreigners Tribunals in Assam.
About Foreigners Tribunals in Assam
- Foreigners Tribunals (FTs) are quasi-judicial bodies established in Assam to adjudicate cases concerning individuals suspected of being illegal immigrants.
- They were created under the Foreigners (Tribunals) Order, 1964, which derives its authority from the Foreigners Act of 1946.
- The tribunals primarily handle cases related to individuals left out of the National Register of Citizens (NRC), with a significant number of cases involving approximately 19.06 lakh people.
Structure of Foreigners Tribunals
- Number of Tribunals: Currently, there are around 100 Foreigners Tribunals operating in Assam.
- Composition: Each tribunal is headed by a member with legal or judicial experience, including judges and advocates. The members are appointed under the guidelines provided by the government.
- Referral Process: Cases can be referred to FTs by District Magistrates or through notices served to individuals marked as "doubtful voters" on electoral rolls. The tribunals also handle references made by border police regarding suspected illegal immigrants.
Functioning of Foreigners Tribunals
- According to the 1964 order, an FT has the powers of a Civil Court in matters such as summoning and enforcing the attendance and examining on oath and requiring the production of any document.
- A tribunal is required to serve a notice in English or the official language of the State to a person alleged to be a foreigner within 10 days of receiving the reference from the authority concerned.
- Such a person has 10 days to reply to the notice and another 10 days to produce evidence in support of his or her case. An FT has to dispose of a case within 60 days of reference.
- If the person fails to provide any proof of citizenship, the FT can send him or her to a detention centre (now called transit camp) for deportation later.
- The burden of proof under the Foreigners Act is on the person accused as a foreigner.
- Failure on his part to appear before the Tribunal, will result in him being declared a foreigner without the state having to prove its case.
Appeal against the order of a FT
- Individuals declared as foreigners by the FT can challenge the decision of the tribunal by filing a writ petition in the High Court of Assam, under Article 226 of Indian Constitution.
- If unsatisfied by the decision of the High Court, they can appeal to the Supreme Court of India under Article 136 (Special Leave Petition).
Background: The legal foundation for the FTs was laid down in 1964, but significant amendments have been made in 2019, which refined the procedures for handling appeals related to NRC claims and objections. Notably, this amendment allows individuals to approach the tribunals directly, shifting some responsibility from state authorities to the tribunals themselves.