SC Order on ‘Illegal Foreigners’ in Assam

GS2: Polity, Governance

Context: The Supreme Court directed the Assam government to deport 63 detained individuals classified as “foreigners.”

Key Concern:

Many detainees are Declared Foreign Nationals (DFNs)—people labeled as foreigners without definitive proof of foreign nationality.

Foreigners Tribunals (FTs)

Formation & Legal Basis:

• Established: Under the Foreigners (Tribunals) Order, 1964, as per the Foreigners Act, 1946.
• Definition of a Foreigner: As per Section 2(a) of the 1946 Act, a foreigner is “a person who is not a citizen of India.”
• Unique to Assam: FTs focus on cases of suspected illegal immigrants, unlike other states where courts handle similar cases.

Jurisdiction & Functioning:

• Headed by: Judicial or legal professionals with quasi-judicial powers.
• Referred Cases: District Magistrates and Border Police refer cases of suspected illegal immigrants.
• Procedure:
  • Cases must be resolved within 60 days.
  • If an individual fails to prove Indian citizenship, they are detained before deportation.
  • Burden of proof lies on the accused—they must submit valid documents.
  • Failure to appear or provide proof leads to a “foreigner” declaration.
• Appeals: FT rulings can be challenged in the Gauhati High Court and then in the Supreme Court.
• Post-2019 Amendment: Both state and central governments can establish additional FTs.

Declared Foreign Nationals (DFNs)

• Who are they? Individuals questioned by Assam’s Border Police and later declared foreigners by FTs.
• Difference from Convicted Foreign Nationals (CFNs): DFNs are not prosecuted under the Foreigners Act, 1946.
• Why are they declared foreigners?
  • Minor document errors (e.g., spelling mistakes in legacy records).
  • FTs often reject such documents, leading to wrongful foreigner declarations.