The High Court dismissed the appeals as appellants failed to appear before the Foreigners Tribunals.
- HC relied on the Foreigners Act, 1946, now replaced by Immigration and Foreigners Act, 2025,
- It places the burden of proving citizenship on the individual.
Key observations of the court (Sabitri Dey @ Swasthi Dey Vs UoI)
- Fairness over State Interest: State interest in preventing illegal citizenship claims cannot override a fair, lawful, and reasoned process.
- Constitutional Protection: Articles 14 (equality before the law) and 21 (right to life and personal liberty) extend to foreigners, not just Indian citizens.
About Foreigners Tribunals
- Origin: Established under Foreigners (Tribunals) Order, 1964, under Foreigners Act, 1946. (superseded by Immigration and Foreigners Order, 2025)
- Composition: May consist of up to 3 members with judicial experience
- Function: Quasi-judicial bodies adjudicating "references" made by authorities regarding whether a person is a foreigner.
- Constituted by: Central Government
- Powers: Powers of a civil court and Judicial Magistrate of the first class while disposing various functions like issuing a warrant of arrest against the proceedee, etc.
About the Immigration and Foreigners Act, 2025
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