Topic
The Supreme Court ruled that ex parte opinions by Foreigners Tribunals, lacking meaningful adjudication, violate principles of natural justice. The Court set aside such orders and directed fresh hearings with strict procedural safeguards, reinforcing the burden of proof on the state under the Foreigners Act, 1946 and 1964 Order.
Supreme Court sets aside ex parte orders of Foreigners Tribunals in Assam, ruling that declarations of foreigner status must comply with principles of natural justice-including disclosure of material grounds and reasoned conclusions. The judgment reinforces that procedural fairness is mandatory even in quasi-judicial proceedings affecting citizenship rights under the Foreigners Act, 1946 and 1964 Order.
Gauhati HC rules that under Section 9 of the Foreigners Act, 1946, the burden of proof lies solely on the proceedee to establish citizenship. The court set aside the declaration of the petitioner's family members as foreigners, emphasizing that each individual must be separately referenced and given an opportunity to prove their citizenship, reinforcing principles of natural justice.