THE QUESTION ARISING ABOUT CITIZENSHIP SHOULD BE ADJUDICATED BASED ON MERIT AND ON HEARING THE PERSON - GAUHATI HC

18th April 2021

Recently, the Gauhati HC said that if any question arises about a person's citizenship, in our opinion, the same should be adjudicated based on merit and on hearing the person concerned.

The Court held this while dealing with a petition against the ex-parte order passed by the Foreigners Tribunal, by which the petitioner was declared an illegal migrant of the post-1971 stream. According to the petitioner, upon receipt of notice from the Foreigners Tribunal, the son of the petitioner appeared on her behalf without her knowledge. Unfortunately, the petitioner’s son neglected to appear before the Tribunal on various dates fixed by the Tribunal, resulting in the passing of the ex-parte order.

 DECISION

"It is to be remembered that citizenship is one of the most important rights of a person. By citizenship, one becomes a member of a sovereign country and becomes entitled to varied rights and privileges, as such, if any question arises about the citizenship of an individual, in our opinion, the same should be adjudicated as far as possible based on merit and on hearing the person concerned".

Accordingly, the Court directed the Foreigners Tribunal to reconsider the issue.

Author: Papiha Ghoshal

Pc - sanrang India