Next stop for 19 lakh applicants excluded from NRC list: Foreigners’ tribunals within 120 days

“As long as the case is pending before the tribunal, an individual cannot be treated as a foreigner,” Assam Chief Minister Sarbananda Sonowal has said. The state government has also assured legal assistance through the district legal services authority.

Assam has 100 tribunals in 33 districts, and at least 200 new tribunals are expected to be operational by September 1. Solicitor General Tushar Mehta had told the Supreme Court in May that the Assam government will set up 1,000 tribunals with assistance from the Centre in a phased manner.

Individuals against whom a reference has already been made by the district magistrate to the tribunal will not be eligible to appeal before the tribunal. If a tribunal has already given a decision against an individual, the person cannot move the tribunal again.

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The Foreigners (Tribunals) Amendment Order, 2019, which replaced the 1964 order, empowers individuals to approach the tribunals. Earlier, only the State could move the tribunal against people suspected to be illegal immigrants by the border organisation of Assam Police, or through electoral rolls (marked “doubtful voter”).

Guwahati-based advocate Aman Wadud said, “In most instances, the case goes on for a year, or a year-and-a-half, before the tribunal arrives at a decision. This is when the applicant appears dutifully and follows up at every hearing.”

While under law, the decision of the quasi-judicial tribunal is final on the question of citizenship, and no appeal lies against it, an individual declared ‘foreigner’ can file a writ for violation of fundamental rights before the High Court or the Supreme Court. But, Wadud, said, “When the tribunal’s decision is against the individual, moving higher courts means additional expenses for lawyers, court fees, and translation of documents. It could take years for the final decision.”

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Each tribunal will be headed by a member, who could be a retired civil servant not below the rank of a joint secretary and additional secretary, or a retired judicial officer of Assam Judicial Service, or a practicing advocate with seven years of experience not below the age of 35. The tribunals have the power of a first class judicial magistrate for summoning documents and witnesses. In July, Gauhati High Court had finalised 221 candidates to head the tribunals for a year, which could be extended “on a need basis”. The process of recruitment began on June 10.

According to a reply by Union MoS for Home G Kishan Reddy in Lok Sabha in July, 1,17,164 people have been declared ‘foreigners’ by Assam’s tribunals before March 31 this year.