All desks have been cleared for setting up of 200 Additional Foreigners Tribunals (FTs) in all 33 districts across Assam. The Ministry of Home Affairs (MHA) has also approved the State government’s suggestions that the currently existing 100 FTs transfer some of the pending 1.50 lakh cases to the upcoming additional FTs.

The information was made public in reply to a question regarding the number of existing foreigner tribunals and the number of additional foreigner tribunals posed in the Rajya Sabha by Vandana Chavan from the Nationalist Congress Party (NCP) and answered by G Kishan Reddy, MoS for Home.

The 200 additional FTs that have been proposed will deal with the appeals of those people whose names were left out of the final NRC which was published on August 31, 2019. The people whose names do not appear in the final NRC list will only have 120 days after receiving the respective ‘Rejection Orders’ from the NRC authorities to file their appeals. To date, seven months after the final list was published on August 31, 2019, those excluded have not yet been served the “reasons for rejections” by the NRC authorities. This has resulted in not just high anxiety and concern but worries about tampering etc since a month ago there was also the question of all NRC data ‘disappearing’ for a few days until MHA first, and WIPRO second clarified that non-payment for services was the reason for the data not being visible online.

The Assam government’s  Home and Political Department has notified that the locations assigned to 200 members of these additional FTs will be issued by the end of March and that these FTs will become functional by the end of April or May this year. The department has also instructed the Deputy Commissioners to ensure that the buildings for these additional FTs are ready before the proposed deadline.

Besides the member, each additional FT will have 10 staffers. The total staffers in all the new 200 tribunals will approximately be 2,000. The appointments of 1,600 candidates who have already been selected for various posts will be done in April 2020 and another 400 staffers will be deployed by the Home Guards.

Before the final NRC was published, the MHA had approved “in principle” the setting up 1,000 additional FTs in a phased manner to dispose of the cases found eligible for the final NRC. Four hundred FTs were to be established in the first phase, of which 200 were to be set up initially’ post this additional FTs were to be established in subsequently.

To facilitate this process, the state government has formed an Electronic Foreigners Tribunal Mission Directorate (e-FTMD). On September 11, 2019, the Home and Political department appointed 221 members for a year-long term for the new 200 new additional FTs and for the 21 vacant posts in the existing 100 FTs.

While the FT members have been drawing regular salaries since the date of their appointment, Dispur hasn’t been able to allot any work to the newly appointed FT members because the NRC authorities haven’t issued any rejection letters since more than six months of the publication of the final NRC. It is against this backdrop, that Dispur had sought Centre’s permission to make the 200 Additional FTs functional.

The government notification with the names of candidates may be viewed below.

Related:

Man hailing from WB declared foreigner in Assam!

Gauhati HC paves way for bail for Assam man declared foreigner

Anxiety in Assam: Hurdles in releasing detention camp inmates, delays in NRC rejection slips

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The matter came to light via an email dated April 23, 2018 communicated by the Member In-charge, Foreigners’ Tribunal No.4, Morigaon, addressed to the Principal Secretary to the Govt. of Assam, Home and Political Department, with a copy marked to the Registrar (Judl), Gauhati High Court. The email said that 288 references were shown disposed of by the earlier Member but detailed opinions signed by the Member were not available in the case records!

Shocked by the gravity of the situation the Gauhati High Court swung into action and on June 15, 2018 issued Notice with direction to the Principal Secretary, Home and Political (B) Department, Government of Assam to seize the case records of those 288 references and to place those records before the Court along with a detailed report compiled in that regard.

On October 3, 2018, Deputy Secretary to the Government of Assam, Home & Political Department, submitted his report stating 50 case records out of the 288 cases were already seized on February 21, 2018. In its order dated September 19, 2019, the Gauhati HC narrates the aftermath of the inquiry as follows:
“After making due scrutiny through the Special Cell of the Office of the Addl. D.G.P.(Border), Assam, 13 nos. of cases out of the seized 50 cases where the proceedees have been declared as India, were already recommended by the State Level Screening Committee for filing writ petitions before this Court.

Accordingly, the case records of the 13 cases were handed over to the Special Standing Counsel, Gauhati High Court. In so far as the rest 37 cases are concerned, the Report indicates that the same were found to be correct in all respects. The Report also mentions that out of the remaining 238 case records, the Superintendent of Police (Border), Morigaon had placed 232 case records before the Addl. D.G.P (Border), Assam. On a scrutiny so conducted it was reported that out of the 232 case records, as many as 175 cases have been found correct in all respects, while in the remaining 57 cases anomalies were detected.”

According to the report, the nature of the anomalies fall under the following categories:
“(a) Judgment not found on record – 11
(b) Mismatching between Judgment Copy with Order Sheet – 06
(c) Dual Judgment – 05
(d) No vacate order found- 32
(e) Number of proceedee discrepancy – 02
(f) Undisposed since proceedee expired – 01”
It was also discovered that the actual number of cases seized was 282 and not 288, because 6 cases had been repeated.

Shocking discrepancies

In many cases the discrepancies were shocking. For example, in the case of Sri Rabindra Chanda (FT-(D) 125/2015), proceedee’s name has been recorded as Rabindra Chanda S/o Ridai Chanda in the reference, but in the opinion dated June 18, 2016, his father name is mentioned as Rupchand Biswas and in some other exhibited copies Smti. Rahima Khatun! Interestingly, in case of one Md. Anuwar Hussain (FT-(D) 396/2015), the proceedee’s name was recorded as Md. Anuwar Hussain S/o Abdul Rahman in the reference, but in the opinion another two names are found viz, Rahima Khatoon and her father name is recorded as Rupa Chand Biswas! This is not a minor mistake, but an unforgivable case of unprofessionalism that cost two people and their families time, money, energy, dignity and freedom!
 

The Gauhati HC order

Based on these finding the Gauhati HC has ruled, “… we hold that mere noting in the note-sheet or passing of an order that reference was disposed of without a reasoned opinion/absence of judgment copy/dual judgment/without vacating earlier order in the case file would be no order in the eye of law. Such a noting or order cannot be construed to be an order disposing of a reference case by a Foreigners Tribunal. There has to be an opinion on record which must carry the seal and signature of the Presiding Officer of the Tribunal. In the absence thereof, such a reference will have to be treated as not being disposed of and be considered as a pending reference, which would have to be heard afresh.”

The Gauhati HC also expressed their disdain for the matter saying, “Before parting with the record, we express our disappointment over the way the Member conducted himself. This was not expected. In the ordinary course this would have called for some action, disciplinary or otherwise. We leave it at that.”

The entire order may be read here:

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