SC rules authorities cannot randomly accuse people of being foreigners
New Delhi: The Supreme Court on Thursday ruled that authorities cannot arbitrarily accuse individuals of being foreigners and initiate investigations into a person’s nationality without substantial evidence or information to support suspicion.
This judgement overturned a 2012 declaration by the Foreigners Tribunal in Assam, later affirmed by the Gauhati High Court in 2015, which declared Md Rahim Ali is a foreigner. The Supreme Court criticised the casual manner in which authorities initiated proceedings based on mere suspicion without material evidence.
A bench comprising Justice Vikram Nath and Justice Ahsanuddin Amanullah emphasised that authorities must possess substantial evidence or information before suspecting someone of being a foreigner. They directed that a copy of this judgement be sent to all tribunals under the Foreigners (Tribunal) Order, 1964.
The Foreigners Act of 1946, specifically Section 9, places the onus of proving citizenship on the individual accused of being a foreigner. However, the Supreme Court has now provided crucial clarification on how this provision should be applied.
In the judgement, Justice Amanullah emphasised a critical point: “While Section 9 of the Act places the burden of proof on the accused, it is essential that the person be fully informed of the allegations and evidence against them. This disclosure is necessary to enable the individual to effectively contest and defend themselves in the proceedings. The burden of proof cannot be fairly discharged without knowledge of the case one must refute.”
The Supreme Court criticised the initial investigation’s lack of material evidence and noted that the appellant, Md Rahim Ali, had provided documents indicating his and his parents’ presence in India before the cutoff date of March 25, 1971, as per the Citizenship Act. The tribunal had dismissed these documents due to minor discrepancies, which the Supreme Court deemed insufficient grounds for declaring someone a foreigner.
