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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KALYAN RAI SURANA, SHAMIMA JAHAN
Abdul Rejjak S/o Sapur Ali – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner contests foreign national declaration (Para 2 , 3 , 4 , 5 , 6) |
| 2. writ petition seeks to verify due process (Para 9 , 10 , 12) |
| 3. historical context of illegal migration in assam (Para 13 , 14 , 26) |
| 4. constitutional rights of foreigners and illegal migrants (Para 15 , 20 , 21) |
| 5. final ruling on deportation and rights of declared foreign nationals (Para 30 , 35 , 36) |
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC for respondent nos. 1, 2, 4 and 9; Mr. G. Sarma, learned standing counsel for the FT, Border matters and NRC, for respondent nos. 3, 5, 7, 8 and 10 and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate, for respondent no. 6.
2. The petitioner in this case is Abdul Rejjak. His wife, namely, Doyjan Bibi, daughter of Maynal Haque and Sahebjan Nessa has been declared to be a foreign national vide ex parte opinion dated 31.08.2017, passed by the th learned Member, Foreigners Tribunal 4 , Dhubri, in F.T.4/71/GPR/2017.
3. The petitioner had approached this Court to assail the said ex parte opinion dated 31.08.2017 by filing a writ petition, and this Court by order dated 24.09.
The government has unfettered authority to expel declared foreign nationals, underscoring the limitations on procedural protections relative to citizens in expulsion cases under immigration law.
Declared foreigners in Assam have limited rights compared to citizens, maintaining basic rights under Article 21 but lacking access to benefits meant for citizens.
Detention of an individual as a foreign national without affording them the opportunity to establish their citizenship violates principles of natural justice and due process.
The burden of proof lies with authorities to substantiate claims of foreign nationality, and failure to provide adequate evidence violates principles of natural justice.
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