Assam government mulls crash course for foreigners tribunals following Gauhati High Court's order

In the wake of a significant directive from the Gauhati High Court, the Assam government is poised to initiate a crash course for members of its Foreigners' Tribunals. 

These tribunals are specialized quasi-judicial bodies tasked with determining the citizenship status of individuals suspected of being illegal immigrants within the state.

The judicial intervention by the Gauhati High Court came after it was revealed that a substantial number of individuals previously declared as foreigners were later found to be Indian citizens. 

The court's order, issued on December 3rd, 2023, highlighted concerns regarding the accuracy of the tribunal's decisions and the processes followed in reaching them. It was noted that in approximately 85 per cent of cases reviewed, the individuals involved were eventually recognized as citizens, casting doubt on the initial judgments of the tribunals.

A specific case that brought attention to the issue involved Forhad Ali from Bongaigaon, Assam, who was declared a foreigner due to discrepancies in his father's name across various documents. 

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The High Court underscored that minor inconsistencies in names should not be the sole criterion for such a serious determination as one's nationality. The court mandated a thorough re-examination of Ali's records, including voter lists, before making a final decision.

In response to these findings, the High Court has instructed the Assam Home Department to conduct a comprehensive review of all orders passed by the Foreigners' Tribunals. 

As per sources, the state home and political department are mulling a crash course for the FT members at the National Law University and Judicial Academy, Assam (NLUJAA), in Guwahati for which a meeting is likely to take place later this week.

It is to be mentioned here that there are around 97,000 pending FT cases.

With this, the home department must scrutinize the decisions, particularly those lacking adequate justification or analysis of evidence, and take appropriate measures where necessary. 

Furthermore, the outcomes of this review are to be made public, ensuring transparency and informing the residents of Assam about the issue of illegal immigration, which has significant implications for the state.

The planned crash course for tribunal members is an effort to address the shortcomings identified by the High Court. 

By enhancing the training and expertise of tribunal personnel, the Assam government aims to improve the adjudication process and ensure that determinations of citizenship are made with greater accuracy and fairness, thereby upholding the rights of individuals and maintaining the integrity of the legal system.