Guwahati High Court Orders Nodal Authority for Declared Foreigners in Assam

Guwahati High Court Orders Nodal Authority for Declared Foreigners in Assam

VoM News Desk | December 15, 2023 | 12:01 PM IST | Courts & Law, Gujarat | Follow on Google News

Guwahati High Court Orders Nodal Authority for Declared Foreigners in Assam

Guwahati High Court Orders Nodal Authority for Declared Foreigners in Assam

The Guwahati High Court has mandated the establishment of a Nodal Authority, directed by the Chief Secretary of Assam, to oversee declared foreigners’ handling across government departments, including collaboration with the Election Commission. The directive came after the dismissal of a writ petition filed by Kuddus Ali, contesting the Foreigners’ Tribunal’s 2017 decision declaring him a foreigner.

Justices Achintya Malla Bujor Barua and Robin Phukan directed the appointment of the nodal authority to manage inter-departmental coordination, focusing on revoking documents and positions from declared foreigners, restraining them from retaining rights beyond what the law permits. The court emphasized publicizing the authority’s location to ensure declared foreigners’ compliance. Non-cooperation might result in legal actions or detention for due process.

Recognizing the necessity of identification documents for functioning in India, the judgement mentioned the Aadhaar and PAN cards, proposing modified versions for declared foreigners. However, these modified cards would not grant additional rights, preserving only essential entitlements as recognized under the law.

The court clarified that rights to work, education, shelter, food, and health would be limited to those declared foreigners who earlier misrepresented themselves as Indian citizens. Others involved in further migration or holding passports despite being declared foreigners would be subjected to laws for illegal migrants, potentially facing deportation.

Moreover, the judgement invalidated passports issued to declared foreigners, demanding their return and surrender. The directive concluded by instructing the Chief Secretary to constitute the Nodal Authority promptly, aligning with various government departments. The writ petition filed by Kuddus Ali was disposed of in line with the outlined terms.

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