Principle of res judicata will apply in proceedings before the Foreigners Tribunal also - Gauhati HC

The Gauhati High Court recently that the principle of res judicata will apply in proceedings before the Foreigners Tribunal also. And consequently, such tribunals cannot hear proceedings for the second time of the same person. Res judicata is a principle that provides that the same dispute - the same parties cannot be adjudicated again once it has been already decided. 

A Bench of Justices N Kotiswar Singh and Malasri Nandi placed reliance on Top Court's judgment issue in Abdul Kuddus Vs. Union of India, whereby it was settled that the principle of res judicata will also be applicable to Foreigners Tribunals. 

In view of the same, the HC bench quashed an order passed by the Tribunal on March 18, 2021, against Hasina Bhanu, who was declared a foreigner by the Foreigners Tribunal, contrary to an earlier order dated 2016 passed by the same Tribunal maintaining that she was not a foreigner or an illegal migrant. 

Bhanu was first proceeded against by the Tribunal in 2016, where the decision ruled in her favor. Subsequently, the same Tribunal declared her a foreigner in 2018.

She approached the HC against the same, arguing that it was a violation of res judicata.

The Court said that "In the teeth of the decision of the Hon'ble SC in Abdul Kuddus, we are unable to understand how the Tribunal proceeded to examine the matter and made the aforesaid decision." The Court, thus, ordered that the petitioner be released in case she is under detention.

Author: Papiha Ghoshal