The Supreme Court has granted interim relief to 27 individuals in Assam who had been declared "foreigners" by the state's Foreigners Tribunals, directing that no coercive action be taken against them until their cases are reconsidered. A Bench comprising Justices Vikram Nath and Sandeep Mehta ordered that the citizenship claims be examined afresh through a process that is transparent, legally sound, and based on proper reasoning.
The petitioners approached the apex court after the Gauhati High Court upheld the tribunal's findings declaring them foreigners. They argued that the decisions were based on minor discrepancies in the spelling of their names in historical electoral rolls and other documents rather than any substantive evidence regarding their nationality.
Among those who moved the Supreme Court are Sabitri Dey, Ajbahar Ali, Mohammad Akbar Ali, Abeda Khatun, and Anwara Khatun. They contended that small clerical or spelling errors in official records should not become the basis for denying citizenship or exposing individuals to severe legal consequences.
Taking note of these submissions, the Supreme Court emphasized that citizenship determination is a serious matter requiring fairness, adherence to due process, and careful evaluation of documentary evidence. The Bench instructed the concerned Foreigners Tribunal to reassess each case independently and in accordance with the law.
The order provides temporary protection to the 27 petitioners while their citizenship status is reviewed. The fresh proceedings are expected to focus on the merits of the evidence presented, ensuring that procedural lapses or minor record inconsistencies do not unfairly determine an individual's legal status.