Assam State Jamait Ulema challenges Foreigners Tribunal Order, moves SC

GUWAHATI: Assam State Jamiat Ulema has moved the Supreme Court and challenged the modalities which are on disposal of appeals of those who are excluded in the final National Register of Citizens (NRC).

They have challenged the provision which allow the Foreigners’ Tribunals to reject a petition ‘on merit’ and declare a person 'foreigner' without even conducting a hearing.

The ministry of home affairs in May amended the Foreigners (Tribunals) Order. The sub-para 10 of Para 3 A, which was incorporated in the order by the amendment states, “Upon production of the records, if the Tribunal finds merit in the Appeal, it shall issue a notice to the Appellant and the District Magistrate for hearing specifying the date of hearing and such date shall be within thirty days from the date of production of the records.”


Jamiat Ulema has contested how an appeal can be rejected at a motion stage without a hearing. The matter is likely to be heard on September 2. The organisation has also objected to the provision wherein a person will be tagged as a foreigner if the tribunal does not find merit in its appeal.

Ulema has also challenged the provision wherein the applicant has to provide a certified copy of the rejection order received from the NRC authorities along with the grounds for appeal.