Assam: Gauhati High Court Flags Low Case Disposal Rate in Foreigner Tribunals

Staff Reporter

Guwahati: The Gauhati High Court expressed concern at the low disposal rate of cases by some Foreigner Tribunals (FTs) and their failure to provide figures regarding the number of cases pending in the FTs, which it said makes an objective assessment of FTs difficult. Accordingly, the pendency figure in different FTs was sought by the court in the next hearing of the case.

HC judge, Justice Suman Shyam, made this observation while hearing a case (WP(C)/1754/2015) related to the working of the FTs of the state and various issues which affected their efficacy, including supply of law journals, appointment of government pleaders, etc.

Earlier, in the order passed by the court on June 11, 2024, the state government was asked to respond to the queries on four issues: the number of cases disposed of by each of the Foreigners Tribunals in Assam during the last six months; supply of regular journals to the members of the FTs; existence of an internal departmental mechanism to look into the grievances of individual members and staff of the FTs; and necessary order for extension of service of the FT members.

In reply, an affidavit before the HC was filed by the Secretary to the Assam government’s Home Department on July 31, 2024, to provide answers to the queries. A report was also annexed, giving the disposal rate of cases by different FTs in the state between December 2023 and May 2024.

The amicus curiae submitted that the disposal rate in some of the FTs was very low, and there was also no indication of the number of cases pending in those tribunals, as a result of which an objective assessment of the functioning of those tribunals would not be possible.

Regarding the issue pertaining to the provision of library facilities and journals, etc., the state replied that at present there is no proposal for providing these to the members of the FTs. The court opined that the members of the FTs must have access to all the relevant Bare Acts and at least two local law journals that regularly report the decisions of the High Court.

Concluding its views, the court opined that on the date fixed for the next hearing, the counsels for both sides should obtain updated instruction and apprise the court on the issues noted above and also to produce the pendency figure in the different FTs in Assam. The court listed the case again on September 26, 2024.

 Also Read: Assam: Ministry of Home Affairs extends term of 64 additional Foreigners Tribunals by a year (sentinelassam.com)

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