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Source-This post on Foreigners Tribunals (FTs) has been created based on the article “Supreme Court halts deportation of Cooch Behar woman declared foreigner by tribunal” published in “Bar and Bench” on 24 May 2024.
Why in News?
The Supreme Court recently stopped the deportation of a woman who had been declared a foreigner by a Foreigners’ Tribunal in Assam.
About Foreigners Tribunals (FTs)
1. Foreigners Tribunals were established under the Foreigners (Tribunals) Order, 1964, which was enacted by the Central government utilizing powers from Section 3 of the Foreigners Act, 1946.
2. Geographical Application: While applicable across India, FTs are currently operational only in Assam. In other states, suspected illegal immigrants are presented before local courts under the Foreigners Act, 1946.
3. Recent amendment: Initially, only the Central government could establish FTs. The 2019 amendment to the Foreigners (Tribunals) Order granted this power to state governments as well.
4. Role and Functions of FTs
a) Detection of Suspected Foreigners: The superintendents of police (SPs) and district commissioners identify suspected foreigners. The Election Commission of India can also refer cases of ‘Doubtful’ voters to the local SP, who then refers them to the FTs.
b) National Register of Citizens (NRC): Individuals excluded from the final draft of the NRC released in August 2019, can appeal to the FTs to establish their citizenship.
5. Procedures Followed by FTs
a) Issuance of Notices: Upon receiving a referral, the tribunal serves the suspected individual with a copy of the grounds of suspicion and a show-cause notice within 10 days, indicating the burden of proof lies with the individual to demonstrate they are not a foreigner.
b) Opportunity for Defense: The FT provides the individual a fair chance to make a representation in person or via a lawyer and to present evidence supporting their claim of citizenship.
c) Consequences of Non-Compliance: If the individual fails to prove their citizenship and cannot secure bail, the FT orders their detention and transfer to a detention center.
6. Legal Authority and Precedence: SC held that the decisions of the FTs on a person’s nationality are binding and hold more weight than those of the Government, NRC verification authority, or other credentials.
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