Recently , the Supreme Court questioned the Assam government regarding the status of 63 individuals detained in the Matia transit camp, designated as illegal foreigners by Foreign Tribunal.

Key Issues with the 63 Detainees

• Long Detention Period: Some individuals have been in detention for over six years, with two detainees held for nearly a decade.
• Inability to get bail: Three detainees remain in custody despite eligibility for release on bail, as they could not secure the required bond of ₹5,000 and two sureties.
• Lack of Relatives or Support: Some detainees’ relatives could not be traced.
  • In one case, a detainee’s wife refused to have any contact with him.

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About Foreigners Tribunals (FT)in Assam

• Establishment: These are Quasi-judicial bodies established under the Foreigners (Tribunals) Order, 1964, issued under Section 3 of the Foreigners Act, 1946.
• Purpose: To allow local authorities to refer cases of suspected foreigners for citizenship determination.
  • Currently, Foreigners Tribunals operate exclusively in Assam, while other states handle illegal immigration cases under the Foreigners Act.
• Composition: Each FT is headed by a judicial officer, advocate, or civil servant with legal expertise.
  • Appointments are made under the Foreigners Tribunal Act, 1941, and the Foreigners Tribunal Order, 1964, following government guidelines.
• Legal Powers: FTs function with civil court authority in areas such as:
  • Summoning individuals.
  • Examining witnesses under oath.
  • Requiring document submission.
• Types of Cases Handled: FTs review two types of cases:
  • Border Police References: Cases where individuals are suspected of being illegal foreigners.
  • Doubtful (D) Voters: Individuals flagged in electoral rolls by the Election Commission of India (ECI).
• Foreigners (Tribunals) Order, Amendment 2019: Defines procedures for appeals against the National Register of Citizens (NRC) outcomes.
  • Empowers district magistrates across all states and union territories to set up tribunals.
  • Since FTs currently exist only in Assam, this amendment primarily impacts the state.

Process of Determining Citizenship by FT

• Notice Issuance: Individuals receive a notice in English or the local language within 10 days of a reference from authorities.
• Response Period: The individual has 10 days to respond to the notice.
• Document Submission: Another 10 days are given to submit documents proving Indian citizenship.
• Tribunal Decision: The FT must decide the case within 60 days from the date of reference.
• Outcome: If the person fails to provide proof, they are sent to a detention center (now called a transit camp) for eventual deportation.
• Burden of Proof on the Accused: Section 9 of the Foreigners Act, 1946, places the burden of proving Indian citizenship on the individual, overriding standard rules of evidence under the Indian Evidence Act, 1872.

Appeal Against Foreigners Tribunal Orders

• Review Application: Must be filed within 30 days of the tribunal’s order.
  • The FT reviews the case based on its merits.
• High Court & Supreme Court Appeals: If the FT rules against the individual, they can appeal to the High Court.
  • If necessary, a subsequent appeal can be made to the Supreme Court.

Challenges in Deportation

• Diplomatic & Central Government Involvement: Deportation is a diplomatic issue managed by the Ministry of External Affairs (MEA).
  • The state government only refers cases to the MEA, which coordinates with the concerned country’s embassy or high commission for verification.
• Nationality Verification Issues: Deportation requires confirmation of nationality and address by the receiving country.
  • If verified, the individual is handed over to the Border Security Force (BSF), which coordinates with the paramilitary force of the recipient country.
  • Without a verified address, Bangladesh cannot confirm citizenship, making deportation impossible.
• Lack of Citizenship Confirmation: Foreigners Tribunals only declare that a person is not Indian but do not confirm their actual nationality.
  • No statutory body verifies which country they belong to, leading to diplomatic deadlocks.
• International Barriers:
  • Bangladesh refuses to accept individuals without nationality proof.
  • Myanmar does not recognize Rohingya as citizens, making their deportation nearly impossible.
  • Without proof of nationality, forced deportation is not an option, requiring diplomatic negotiations.

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Conclusion

The Supreme Court’s intervention has highlighted the legal and diplomatic hurdles in deporting individuals declared as foreigners. While Foreigners Tribunals determine citizenship status, the absence of confirmed nationality complicates deportation efforts. Given the lack of statutory confirmation of foreign nationality, deportation remains a challenging issue requiring international cooperation and policy intervention.

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