Gauhati High Court asks Home Department to file show cause on Foreigners’ Tribunal

 STAFF REPORTER

GUWAHATI: A division of the Gauhati High Court has asked the Home Department of the Assam Government to show cause by filing an affidavit as to why the Member of Foreigners’ Tribunal No. 2, Dhubri, namely, AN Baruah, ignored a petitioner and made her ‘discharge the burden under Section 9 of the Foreigners Act, 1946, that she is not a foreigner’.

In its order, the division bench of the High Court comprising Justice Achintya Malla Bujor Barua and Justice Robin Phukan said that “when the writ petitioner reported back to the Tribunal that she is not the person to whom the notice was intended, the Tribunal (FT member AN Baruah) without any reason did not even look into the said aspect raised, but by the order dated May 26, 2022, compelled the petitioner to discharge the burden under Section 9 of the Foreigners Act, 1946 that she is not a foreigner”.

The High Court order said, “The implication thereof would be that the suspected foreigner to whom the notice was actually issued is allowed to go scot-free by the Tribunal, whereas another person who is not referred to be a foreigner is now compelled to discharge the burden that she is not a foreigner.”

The order also asked the Home Department to inform the court as to what rectification action has been taken in this matter. The court asked the Secretary to the Government of Assam in the Home Department to file the affidavit, and in the meantime, no coercive action shall be taken against the petitioner.

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