An Analysis of Independence of Foreigners Tribunals with Special Reference to Assam

Raj Krishna*, Rishika** & Sagarika Swapnil***

Published on September 28, 2021 | Manuscript Number: 2021/LNLR/28114 | Page Numbers: 114-119

​

Abstract: On 24th March, 2021 the Supreme Court of India in the case of Md. Misher Ali v. Union of India directed “the release of a man from the detention center in Assam.” The Apex Court ordered the same because Foreigners Tribunal in an ex-parte order declared the petitioner as an illegal migrant. As a result, the Court sent the matter back to the Foreigners tribunal and directed “the tribunal to decide the matter afresh and in accordance to the principles of natural justice.” While doing so the Court also rejected the arguments of the Assam Government which contended before the Court that the plea of the petitioner should not be entertained because the petitioner has exhausted the limitation period of filing an appeal against the order of Foreigners Tribunal. It is pertinent to note that this is not the first case wherein a Foreigners Tribunal has passed an ex-parte order. There have been many instances in the past wherein the Foreigners Tribunal has passed an ex-parte order and the same has been altered by the Constitutional Courts. The Tribunals are supposed to follow the principle of natural justice. However, the Foreigners Tribunals in Assam have passed multiple orders which are in violation of principle of natural justice. This is a matter of grave concern. As a result, a study upon the independence of Foreigners Tribunals becomes important.

​

Keywords: Tribunals, Natural Justice, Foreigner.

​

​

​

*NLIU Bhopal,

**Trilegal Mumbai

***Patna High Court

Cite as: Raj Krishna, Rishika & Sagarika Swapnil, An Analysis of Independence of Foreigners Tribunals with Special Reference to Assam (2021) 1(2) LKO. L. REV. 114