Guwahati: The Gauhati High Court has directed the Assam government to consider providing formal training to members and superintendents of Foreigners’ Tribunals (FTs) after observing that records in a case were maintained in a “haphazard manner.”
The court emphasised the need for proper documentation to ensure fair proceedings and accurate judgments.
Foreigners’ Tribunals in Assam are tasked with determining the citizenship status of individuals suspected of being illegal immigrants.
The issue came to light during the hearing of a writ petition filed by Gobinda Saha, who had been declared an “illegal foreigner” by a tribunal in Nagaon.
The High Court later overturned the tribunal’s decision.
A division bench comprising Justices Kalyan Rai Surana and Malsri Nandi noted several lapses in the tribunal’s handling of records. The judges pointed out instances of mislabeling and overlapping of exhibits, which impeded the review process.
“…All the exhibited documents, with overlapping as indicated hereinbefore, are not found to have been referred to and discussed by the learned Tribunal. Thus, it appears that the petitioner did not receive adequate assistance from his counsel, who failed to mark exhibits appropriately,” the court stated in its order.
The bench remarked that the poor organisation of records forced the court and its staff to spend over two hours locating the relevant documents.
Such inefficiencies prompted the court to recommend training programs for tribunal personnel to improve their record-keeping practices.
“Having seen the haphazard manner in which the records of Case No. FT 2451/2011 have been maintained, the court is inclined to direct the Registry to transmit a copy of this order to the Commissioner and Secretary to the Government of Assam, Home and Political (B) Department, to consider a training program for tribunal members and superintendents,” the bench stated.
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The court also ordered the circulation of its directive to all Foreigners’ Tribunals across Assam to emphasize the importance of maintaining records systematically.
This observation highlights a significant administrative challenge in the functioning of Foreigners’ Tribunals, which play a crucial role in addressing contentious issues surrounding citizenship in Assam.
Proper training, the court suggested, could ensure that the tribunals operate more effectively and transparently.
