Same person cannot be re-tried by FTs: Gauhati High Court

STAFF REPORTER

GUWAHATI: The Gauhati High Court has made it clear that the principle of 'Res Judicata', which means that a matter that has been judicially decided on its merits, cannot be the subject of fresh litigation between the same parties. This will be applicable even in the case of proceedings in the Foreigners Tribunals (FTs) of Assam. This means that a person who has been declared an Indian citizen by any Foreigners Tribunal cannot be put on trial again for ascertaining citizenship or subsequently declared as a foreign national.

The court's decision came while deciding on a batch of 11 Writ Petitions (Civil) filed by various individuals who alleged that they have been summoned for re-trial by different Foreigners Tribunals after being earlier declared as Indian citizens.

In view of the Res Judicata aspect, the High Court ruled out citizenship-related re-trial of some of the petitioners and directed the FTs concerned to proceed with re-trials only in matters wherein the person summoned for re-trial is proved to be a different person from the one who was earlier declared as a citizen.

The High Court further noted that when it comes to application of the Res Judicata principle to FT cases, there is a conflict between its earlier judgment in the Amina Khatoon case and the Supreme Court judgment in the Abdul Kuddus case. In the Amina Khatoon case, the High Court had ruled that the Res Judicata principle was not applicable to FT cases. In this regard, the High Court accepted that the law laid down in the Amina Khatoon case "is no more a good law, in view of the decision of Abdul Kuddus and as such, cannot be relied upon anymore".

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