Recently, the Assam government asked the Border wing of the State’s police not to forward cases of non-Muslims who entered India illegally before 2014 to the Foreigners Tribunals (FTs).
- The Supreme Court set aside an FT order declaring Rahim Ali, a deceased farmer, a foreigner 12 years ago.
- About 3 lakh people in Assam were declared Doubtful Voters in 1997 without any inquiry or notice. They were excluded from the Assam National Register of Citizens (NRC).
About Foreigners Tribunals (FTs)
- Definition: Foreigners Tribunals are quasi-judicial bodies established to determine if a person staying illegally in India is a “foreigner” or not.
- Establishment: Foreigners Tribunals were established under the Foreigners (Tribunals) Order, 1964, which was enacted by the Central government utilising powers from Section 3 of the Foreigners Act, 1946.
- Composition: Each FT is headed by a member drawn from judges, advocates, and civil servants with judicial experience.
- Only in Assam: While applicable across India, FTs are currently operational only in Assam. In other states, suspected illegal immigrants are presented before local courts under the Foreigners Act, 1946.
- Recent amendment: Initially, only the Central government could establish FTs.
- The 2019 amendment to the Foreigners (Tribunals) Order granted this power to state governments as well
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Foreigners (Tribunals) Order, 1964
- It was issued by the Central Government under Section 3 of The Foreigners Act, 1946.
- It is applicable to the whole country.
- The Central Government may order the establishment of a Tribunal to consider whether a person falls under this description or not.
- Amendments in the Foreigners (Tribunals) Order, 1964 in 2019.
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- It lays down appeals made by persons not satisfied with the outcome of claims and objections filed against the NRC.
- Since NRC work is going on only in Assam, therefore, the aforementioned Order is applicable only to Assam as on date for all practical purposes.
- The Amendment Order also provides for reference by District Magistrate to the Tribunal for its opinion as to whether the Appellant is a “foreigner” or not within the meaning of the Foreigners Act, 1946.
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Functioning
- According to the 1964 order: FT has the powers of a civil court in certain matters such as summoning and enforcing the attendance of any person and examining him or her on oath and requiring the production of any document.
- Notice to the Person: A tribunal is required to serve a notice in English or the official language of the State to a person alleged to be a foreigner within 10 days of receiving the reference from the authority concerned.
- Reply & Submit the Evidence: Such a person has 10 days to reply to the notice and another 10 days to produce evidence in support of his or her case.
- Case Disposal: An FT has to dispose of a case within 60 days of reference.
- Deportation: If the person fails to provide any proof of citizenship, the FT can send him or her to a detention centre, now called transit camp, for deportation later.
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July 20, 2024