Gauhati High Court: Directed State To Explain Why Foreigner’s Tribunal Ignored Woman’s Petition That The Show Cause Notice Was Not Intended For Her

The Gauhati High Court in the case Lal Bhanu Bibi v. The Union of India and 6 Ors observed and has directed the Assam Government to show cause with regards to the order of a Foreigners Tribunal wherein it has been directed to the woman that instead of the suspected foreigner to whom the notice was originally to be intended by the Tribunal in order to discharge the burden that she is not a foreigner in the case.
The Division bench comprising of Justice Achintya Malla Bujor Barua and Justice Robin Phukan in the case observed that the respondent in the Home Department, Government of Assam to show cause by filing an affidavit wherein the court stated as to why the Member of Foreigners’ Tribunal No.2, Dhubri, are to be behaved in such a manner that when the writ petitioner is to be reported back to the Tribunal that she being not a person to whom the notice issued was to be intended, thus, the Tribunal without any reason did not even look back into the said aspect which is raised but the order dated May 26, 2022, wherein it compelled the petitioner to discharge the burden under Section 9 of the Foreigners Act, 1946 that she being not a foreigner.-It has also been contended by the petitioner in the plea before the Foreigners Tribunal, Dhubri that but the Tribunal without looking into the said aspect issued the notice and she being not a person against whom the notice was to be issued, the court ordered the petitioner to discharge the burden under the Section 9 (Burden of proof) of the Foreigners Act that she not being a foreigner.
Further, the court noted that the implication of the order passed by the Tribunal would be that the suspected foreigner to whom the notice was actually to be issued to go scot free by the Tribunal. The court also stated that the another person is now compelled to discharge the burden that she is not a foreigner as the person is not being referred to be a foreigner in the case.
Accordingly, the court directed to inform the Court as to what rectification action has to be taken in the said matter.