From functioning of the Tribunals, pulled up for their lack of transparency to procedures adopted, Assam’s Foreigners Tribunals have come in for much public scrutiny. The state executive’s blatant moves to curtail their independence and autonomy by tinkering and interfering with payment of dues appears brazen.
Salaries of new FT members still pending
Further, in the hearing held on November 26, it was submitted to the court that due to attachment of several newly appointed Members under one Foreigners Tribunal, there has been some delay in transferring the amount to their respective accounts. The approval from the Finance Department for releasing salaries of as many as 221 members of FT was still pending despite of the assurance given by the departmental secretary on the last hearing (October 29, 2019) that the salary would be released within 2 weeks’ time.
The court expressed extreme displeasure and directed that the salaries be paid within 7 days and asked the Secretary, Home and Political Department, Assam to furnish a compliance report to that regard by December 4, 2019.
This is not the first time this issue has been raised in the HC. For many months in 2015-16, the members of Foreigners Tribunals did not receiving their salaries on time (delay of about 2-3 months). In fact, the salaries were being referred to as “professional fees” in government documents, an error that was later corrected. In fact, the salaries were being referred to as “professional fees” in government documents, an error that was later corrected. The bench had reprimanded the government and said, “which goes to show that the State Government is not aware of the real functioning of the Tribunals and the learned Members presiding over such Tribunals”.
Professional fees of Government pleaders still pending
It was also brought to the court’s attention the fact that the Assistant Government Pleaders (ASG) were also not in receipt of their professional fees since several months “as a result of which, functioning of the Tribunals have been affected”. The Court hence issued a direction to the State respondents to release the professional fees of the AGP in the existing Tribunal within 2 weeks.
Background
Following a Supreme Court (SC) order dated December 17, 2014 a special bench was constituted at the Guwahati High Court to monitor the functioning of the Foreigners Tribunals in Assam. The hearings of this special bench began on March 27, 2015 and since then subsequent hearings have taken place every month. Since the hearings are under directions of the SC, there is no petitioner but an amicus curiae who assists the court in this matter, helping in monitoring of the functioning of Foreigners Tribunals in Assam. CJP did a concise write up onthe orders of the Monitoring Bench since 2015 which can be read here.
Ever since the first hearing, various issues have come up before this Special Bench and it has, through its directions at every hearing kept a watch on the functioning of Foreigners’ Tribunals right from supervising the setting up of requisite number of Foreigners Tribunals, recruitments of FT members, appointment of Assistant government pleaders, training of members of FT as well as of Assistant Government pleaders, timely payment of salaries of employees of FTs, among other things.
In the past 4 years many issues have come to light with respect to the hurdles in the day to day functioning of these Tribunals. These raise questions on the autonomy, integrity and efficiency of the Tribunals further testing the credibility of the orders passed by them.
Absence of redressal mechanism
Since July this year, the court has been concerned about the lack of redressal mechanism to deal with complaints against members of FT. A committee comprising of the Secretary, Home and Political Department, Assam and Registrar (Judicial) submitted to the court a proposal indicating the guidelines to be adopted for building a grievance redressal mechanism.
Miscellaneous
A vendor who supplies vehicles to FTs on rent, also submitted a letter to the court stating that his outstanding dues have not been paid by the government for several months causing him much hardship. The Court ordered the Home department to look into the same.
Whether it comes to its infrastructure or managing its finances, the Assam government is being increasingly seen –deliberately or otherwise– as incapable of handling the functioning of the FTs. The hurried manner in which this enormous task was carried out by the government is reflected in the faults in the daily functioning.
The Tribunals which have been assigned the vital task of adjudicating on citizenship, that basic right to have rights, on deciding who is an Indian citizen and who is not, are just not being paid on time. What motivates this delay?
The non-payment of salaries of FT members and of professional fees by Government pleaders leaves them at the mercy of the State government, compromising both their independence and integrity. This in itself is the biggest malady suffered by the FTs, already criticised for their unprofessional functioning. Until a more accountable and proper adjudication system comes in place, the poor and unlettered persons of Assam –19 lakh have been left out of the NRC’s final list—and another 2,00,000 face procedures within Tribunals, have been left to the mercy of an ill-managed system, which will arbitrarily decide their fate.
The next date of hearing is December 6.
The order can be read here
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