Supreme Court Reverses High Court Ruling on Assam Woman's Citizenship Case
Supreme Court's Decision on Citizenship Case
The Supreme Court has annulled a decision made by the Gauhati High Court that had refused to dismiss a case against a woman in a foreigners tribunal located in Assam.
A panel comprising Justices Manoj Misra and KV Viswanathan remarked that a foreigners tribunal had determined in August 2016 that the individual, Tarabhanu Khatoon, was not a foreigner. They stated that reopening the case against her constituted an "abuse of legal process," and the High Court should have intervened to prevent it, as indicated in their ruling on April 22.
Khatoon faced allegations of having entered Assam after the cutoff date of March 25, 1971. However, on August 31, 2016, a tribunal in Nalbari district concluded that she was an Indian citizen, citing her parents' names listed in the voter rolls from 1966 and 1970.
According to the Assam Accord, only individuals residing in the state before March 25, 1971, or their descendants, are recognized as Indian citizens.
The tribunal noted that the state failed to present any witnesses, while Khatoon provided both documentation and testimonies confirming her parents' Indian citizenship. She also mentioned her marriage to Chanu Sheikh in 1979 and her voting history since 1985.
Despite this ruling, Khatoon received a new notice in December 2018, which she contested in the High Court.
While the High Court acknowledged her previous declaration as a non-foreigner, it dismissed her writ petition in May 2023, allowing her to argue her case before the tribunal in the new proceedings. This led her to appeal to the Supreme Court.
In Assam, foreigners tribunals serve as quasi-judicial entities that resolve citizenship disputes.
In February, reports highlighted the plight of relatives of seven individuals among the 63 declared foreigners who have challenged the tribunals' decisions in various constitutional courts, including the Supreme Court. They disputed the Assam government's assertion that they originated from Bangladesh.
Also read: ‘Prove we are Bangladeshi’: Assam families protest Supreme Court’s deportation push