Guwahati: The Gauhati High Court has directed the Assam government to ensure that serving members of Foreigners Tribunal have access to all relevant Bare Acts and at least two local law journals, which report the decisions of the High Court on a regular basis.
The single-judge bench of Justice Suman Shyam observed that the serving members of Foreigners Tribunals are constantly required to decide reference cases by keeping in mind the decisions of the High Court, rendered from time to time, governing the issues arising in the realm of citizenship claims involved in reference proceedings.
“Therefore, unless the learned Members of the Tribunals are made aware of the latest trend in the law laid down by the High Court on the subject, it would, in all likelihood, create unnecessary obstacles and/or confusion while deciding the reference cases expeditiously. Having regard to the seriousness of the issue, this Court is of the opinion that the Members of the Foreigners Tribunals must have access to all the relevant Bare Acts and at least two local law journals, which regularly report the decisions of this High Court,” the bench stated.
The High Court was hearing a writ petition in which, by order dated June 11, 2024, it asked the state government to respond to the following queries:
Number of cases disposed of by each of the Foreigners Tribunals in Assam during the last six months ending with May 31, 2024.
Whether proper library facilities including regular journals being provided to the Members of the Foreigners Tribunals and if not, reason for not doing so?
Whether there is an internal departmental mechanism to look into the grievances of individual Members of the Foreigners Tribunals and staff working under them?
Whether necessary orders for extension of service of the Members of the Foreigners Tribunals have been issued by the State Government?
Accordingly, the secretary to the home department, Government of Assam, filed an affidavit dated July 31, 2024, bringing the stand of the government on record with reference to each of the four issues raised in the order dated June 11, 2024.
The state also annexed a copy of the report dated July 8, 2024, as an annexure to the said affidavit, which gives the disposal figure of cases by the various foreigners’ tribunals across the state of Assam during the period of six months with effect from December 2023 to May 2024.
The amicus curiae submitted that apart from the fact that the disposal rate in some of the Foreigners Tribunals is found to be very low, there is also no indication in the report as to the number of cases pending in those tribunals, as a result of which, objective assessment of the functioning of those tribunals would not be possible.
In regard to the second issue pertaining to providing library facilities/ journals etc., the state submitted that, at present, there was no proposal for providing library facilities or journals to the members of the Foreigners Tribunals. Yet, if a request is received to that effect from the Members, the government will ensure that the needful is done, in consultation with the judicial department.
The Court noted that so far as the third and fourth issues raised in the order dated June 11, 2024 were concerned, both issues appeared to have been adequately addressed and as such, no further order was required to be passed on the two aspects as of now.
The Senior Additional Advocate General, Assam submitted a copy of the notification dated June 19, 2024, issued by the District Commissioner, Dima Hasao at Haflong containing the names of three advocates shortlisted for appointment as Government Pleader/Assistant Government Pleader in the Foreigners Tribunals in the Dima Hasao district to submit that appropriate notification, appointing the Government Pleader/Assistant Government Pleader, would be issued soon.
However, the amicus curiae submitted that a similar problem had arisen in Hailakandi district also, where there is no Government Pleader/Assistant Government Pleader for the Foreigners Tribunals available.
The Court observed that if that was so, the government would be required to look into the matter and take corrective steps as may be permissible under the law.
“In view of the above, this Court is of the opinion that on the next date fixed, the learned counsel for both sides to obtain updated instruction and apprise this Court on the issues noted above and also to produce the pendency figure in the different Foreigners Tribunals in Assam,” the Court said.
The Court further directed the Senior Additional Advocate General to obtain instruction and apprise the Court on the next date, if the government was considering the requirement of imparting refresher course training to the Members of the Foreigners Tribunals, in the near future.
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