Tribunal grants 60 days to file documents, exceeding 10-day limit under Foreigners Tribunal Order

It matters to citizens as it illustrates the legal process and consequences of being declared a foreigner under the Foreigners Act, 1946, including removal from voter rolls and government schemes.

Who it concerns: The order concerns Musstt. Adori Khatun (the Proceedee), the State of Assam (the Petitioner), and the Superintendent of Police (B), Bongaigaon, who is directed to enforce the order.

What was decided

• The Tribunal declared Musstt. Adori Khatun a foreigner of the post-1971 stream.
• The Tribunal found that the Proceedee failed to discharge the mandatory burden of proving she is not a foreigner under Section 9 of the Foreigners Act, 1946, despite submitting photocopies of documents (NRC, voter lists, EPICs) but failing to produce originals or certified copies.
• The Superintendent of Police (B), Bongaigaon, is advised to apprehend the Proceedee and keep her in a Detention Camp until deportation or push-back.
• The Proceedee's name is directed to be deleted from all beneficial government schemes and all voter enrollments.
• The Superintendent of Police (B), Bongaigaon, is advised to conduct an enquiry against the brothers, sisters, and other family members of the declared foreigner.

Also in the document

• The Tribunal noted that the Proceedee was granted more than sixty days to file documents and arguments, exceeding the ten-day period prescribed by the Foreigners Tribunal Order 1964.
• The Tribunal cited the Supreme Court judgment in Sarbananda Sonowal vs Union of India (2005) 5 SCC 665 regarding the requirement to prove the contents and relevance of documents, not just file them.
• The case was originally forwarded by the Superintendent of Police (B) under the IM(D)T Act in 2003 and later transferred to the Tribunal under the Foreigners Act, 1946.