Supreme Court Orders Fresh Hearings in 27 Assam Citizenship Cases, Says Process Must Be 'Fair, Lawful and Reasonable'

The Supreme Court on Monday reaffirmed that citizenship disputes must be decided through a fair and transparent legal process, setting aside 27 Gauhati High Court judgments that had upheld decisions declaring individuals as foreigners in Assam.

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta directed that all 27 matters be sent back to the respective Foreigners Tribunals for fresh consideration, stressing that decisions affecting a person's citizenship carry significant constitutional implications.

Observing that procedural fairness cannot be compromised, the Bench said, "The process of determining citizenship or declaring a person a foreigner must be fair, lawful and reasonable."

The apex court clarified that while the State has a legitimate responsibility to identify illegal immigrants, such proceedings must adhere to the principles of natural justice and due process.

The Court instructed the Foreigners Tribunals to conduct fresh hearings based solely on the evidence produced by the parties. It also directed that the tribunals should not be influenced by the earlier findings of either the Gauhati High Court or the Foreigners Tribunals while deciding the cases afresh.

In a significant interim relief, the Supreme Court ordered that no coercive action, including detention or deportation, should be taken against the 27 petitioners until fresh decisions are delivered by the tribunals.

At the same time, the Bench clarified that it had not expressed any opinion on the merits of the petitioners' citizenship claims. It reiterated that the legal burden under Section 9 of the Foreigners Act, 1946, requiring an individual to prove Indian citizenship when questioned, continues to remain in force.

The petitions stem from Assam's long-running citizenship verification process, where several individuals challenged orders declaring them foreigners. Many argued that they had submitted documents such as voter lists, land records and legacy documents but were still declared foreigners because of minor discrepancies, including spelling mistakes, inconsistencies in names and issues relating to family linkages.

The latest ruling reinforces the Supreme Court's recent emphasis on ensuring procedural safeguards in citizenship matters. In June, the apex court had also stayed the deportation of five women who had been declared foreigners, highlighting the need for fairness before any irreversible action is taken.