Gauhati High Court Calls for Training on Record Maintenance for Foreigners Tribunals

Court Directs Training for Tribunal Staff

Guwahati, June 24: The Gauhati High Court has instructed the State government to explore the possibility of implementing a training program focused on record management for members and superintendents of Foreigners Tribunals (FTs) within the State.

This directive was issued following observations made by a division bench regarding the disorganized state of record-keeping at the Tribunal, during the hearing of an appeal by petitioner Gobinda Saha, who has been labeled a foreigner by the Nagaon Foreigners Tribunal.

According to the High Court, the records were maintained so poorly that it took over two hours for the court, with assistance from private secretaries, to locate the necessary documents by cross-referencing them with the evidence provided by defense witnesses and their cross-examinations. This was noted by a bench consisting of Justice Kalyan Rai Surana and Justice Malasri Nandi.

“The time-consuming process of finding order-sheets, pleadings, evidence, and documents, and then comparing them with the affidavit evidence has led the court to defer to the authorities in the Home and Political (B) Department. They must decide whether to arrange formal training for the members and superintendents of Foreigners Tribunals through the Judicial Academy, Assam, or the North-East Judicial Officers Training Institute in Guwahati on effective case record maintenance,” the court stated.

The High Court further noted that inconsistencies in the marking of exhibits have significantly undermined the Tribunal's opinion, leading to a flawed assessment of the defense witnesses' evidence due to a lack of judicial consideration.

Consequently, the High Court has overturned the Foreigners Tribunal's decision and has sent the case back to the Tribunal for a new ruling 'in accordance with law.'