The Supreme Court has ruled that Foreigners Tribunals, set up to determine illegal immigration cases, do not have the authority to review or act as appellate bodies over their own judgments. The Court emphasized that such tribunals are “powerless” to reconsider their previous decisions.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan delivered the verdict while overturning an Assam Foreigners Tribunal order that had reversed its own finding in a case concerning a woman previously declared an Indian citizen.

The ruling, reported by Hindustan Times, is expected to have broader implications for citizenship cases handled by Foreigners Tribunals.

It reinforces that once an individual has been declared an Indian citizen through due legal process, the state or the Centre cannot subject them to repetitive litigation unless there are fresh and valid grounds for review through an appropriate appellate mechanism.

The Supreme Court’s decision stems from the case of Reija Khatun, who was declared an Indian citizen by the tribunal in 2018. However, the tribunal later reopened proceedings against her after the state made a second reference.

In its ruling, the apex court strongly criticized this move, stating: “In the second order dated December 24, 2019, the tribunal goes to the extent of holding that it is not divested with the power to scrutiniae the documents and even findings in the earlier proceedings. The order indicates that the Tribunal wants to sit over in an appeal against its own concluded judgment and order. Such power can never be exercised by the Tribunal.”

The judgment is seen as a crucial safeguard against arbitrary proceedings that could subject individuals to prolonged legal uncertainty regarding their citizenship status.