SC Says Decision of Foreigners Tribunal Will Prevail Over NRC Order
New Delhi: The Supreme Court on Friday held that a Foreigners Tribunal's order declaring a person as an illegal foreigner will be binding, and prevail over the government decision to exclude or include the person's name from the National Register of Citizens (NRC) in Assam.
There are 100 foreigners tribunals functioning in Assam as per the Goverment of Assam website. Judges and advocates are appointed as the members of the FT under the Foreigners Tribunal Act, 1941 and Foreigners Tribunal Order 1964.
A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna was dealing with the question that if the name of a person, included in the NRC in Assam, is deleted on the ground that he was a foreigner, then he should have the right of appeal before an appropriate forum against exclusion or dropping of his name.
Justice Khanna, pronouncing the order, said that the principle of 'res-judicata' (a judicially decided issue cannot be re-agitated) would apply on the decision of foreigners tribunals and a person who has been declared an illegal immigrant cannot seek re-decision in normal circumstances.
The bench distinguished between the decisions of NRC and of foreigners tribunals and said that the latter's order being the quasi judicial one would prevail.
The top court, however, said the persons whose names are not included in the NRC in Assam can produce documents including the ones related to family tree and seek review of the tribunals decision.
The court rejected the plea made by petitioners including Abdul Kuddus, contending whether a judicial determination of a person being foreigner would stand superseded if his or her name was included or excluded in the NRC in Assam.
Solicitor General Tushar Mehta, appearing for the Centre, had said the foreigner tribunal's verdict, declaring a person a foreigner, would always prevail over the NRC and such foreigners or illegal migrants cannot be included in the NRC in Assam.
The top court had said that it cannot create an appellate forum for those, declared as illegal foreigners by a tribunal, by using its power under Article 142 of the Constitution.
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