Supreme Court Sets Aside Foreigner Tags for 27 in Assam, Quashes Gauhati HC Orders

New Delhi: In a significant ruling, the Supreme Court on Monday set aside 27 Gauhati High Court judgments that had upheld Foreigners Tribunals' decisions declaring the appellants to be foreigners, holding that questions of citizenship must be decided through a "fair, lawful and reasonable" process.

A Bench of Justices Vikram Nath and Sandeep Mehta remanded all 27 cases to the respective Foreigners Tribunals for fresh adjudication, observing that issues of citizenship and foreigner status carry "high constitutional and legal significance."

The court directed the tribunals to reconsider the cases independently, without being influenced by the earlier findings of either the Foreigners Tribunals or the Gauhati High Court.

The verdict came in a batch of appeals challenging ex parte orders of the Foreigners Tribunals declaring the appellants as foreigners, which were later upheld by the Gauhati High Court.

The Gauhati High Court had dismissed the petitions mainly on the ground that the tribunal orders were challenged nearly 23 years later. It had also observed that the petitioners failed to appear before the tribunals despite being served notices.