Foreigners Tribunal's opinion on citizenship to operate as res judicata: Gauhati High Court

Gauhati High Court has observed that the opinion of the Foreigners Tribunal regarding the citizenship of a person would operate as res judicata.

With this, the Bench of Justice N. Kotiswar Singh and Justice Nani Tagia stated ,” It was, accordingly, held in Amina Khatoon that though the principle of res judicata is based on public policy, the same will stand subsumed under the overarching public policy governing a sovereign nation while dealing with illegal foreigners under the Foreigners Act and the Foreigners (Tribunals) Order”.

The court was hearing a bunch of petitions. The court stated, “The opposing submission of the State considered by the Division Bench of this Court in Amina Khatoon was that under section 3 of the Foreigners Act, 1946, power is vested on the Central Government to detect and deport foreigners. For administrative exigencies, Central Government delegated this power to the Superintendents of Police and deportation was executed by the Central Government. Under the Foreigners (Tribunals) Order, 1964 [Foreigners Order 1964 for short], the Superintendents of Police only seek an opinion from the Foreigners Tribunals. The ultimate decision vis-a-vis an illegal foreigner is taken by the referral authority, i.e., the Superintendents of Police and deportation is executed by the Central Government. A Foreigners Tribunal only renders an opinion. Therefore, it would be wrong to say that the Central Government or for that matter, Superintendents ofPolice would be bound by the opinion of the Foreigners Tribunal. It was thus contended that a reference made to a Foreigners Tribunal is neither a lis nor a controversy; consequently, opinion rendered by a Foreigners Tribunal cannot be construed as a judgment.”


The court added, “It is the stand of the Special Counsel, Foreigners Tribunals that Amina Khatoon continues to hold the field and on the other hand, it is the contention of the petitioners that in view of the decision in Abdul Kaddus and other judgments of the Supreme Court, Amina Khatoon is not a good law any longer to be followed.”