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The Gauhati High Court has overturned an ex parte order issued by a Foreigners Tribunal declaring a woman a foreigner after she was unable to appear before the Tribunal due to a lack of legal advice. Justice N Kotiswar Singh and Justice Soumitra Saikia of a division bench made the following observations: "We believe that citizenship, as a very essential right of a person, should probably normally be decided on merit rather than through default, as it has happened in this case, and because of that, we actually enable the petitioner to appear before the learned Tribunal again to prove her case that she is a citizen of this country and not a foreigner," the court writes. Shefali Rani Das had appeared before the Foreigners Tribunal after being served with the notice after the reference was made against her. She also filed written submissions as well as supporting documents.
But nevertheless, she claimed that the Foreigners Tribunal issued an ex parte order declaring her a foreigner on September 19, 2017, due to improper legal advice and her counsel's failure to appear before even the Tribunal. As a result, the petitioner's case was that she had not engaged in willful negligence or disregard because she had shown up and filed her written statement on time. In light of the foregoing, the Court ordered that she seem so even before Tribunal again to demonstrate her specific instance that she is an Indian citizen and not a foreigner: "As a result, the impugned order dated 19.09.2017 issued by the learned Member, Foreigners' Tribunal 6th, Silchar, Assam in F.T. 6th Case No.404/2015. Within that month from today, this same petitioner would also appear before the Foreigners' Tribunal."
As a result, the plea was dismissed. The Court actually declared that the Foreigners Tribunal cannot make the assumption jurisdiction suo moto to give an opinion that is not sought when responding to required locations the entry of a person suspected of being a foreigner into Assam.
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