CRPC expresses deep concern as FT declares man as ‘foreigner’, demands formation of ‘Special Lok Adalats’

Aug. 26: Citizens’ Rights Preservation Committee (CRPC) Assam has expressed its deep concern on the judgement of Gauhati High Court in the Case No. WP(C)/5348/2019, dated 12/08/2021, with regard to the Foreigners’ Tribunal (FT) case of Tamulpur, Baksa, against Ranjit Sarkar who was declared a foreigner (by FT) without proper judicial procedure.

President, Nripendra Chandra Saha and General Secretary, Bidhayak Das Purkayastha claimed that the said judgement of Gauhati High Court has opened ‘Pandora’s box’ about the functioning procedure of the Foreigners’ Tribunals in Assam; about which CRPC Assam has raised their voices from time to time and brought them to the notice of the government.

General Secretary, Bidhayak Das Purkayastha stated that the counsel of Ranjit Sarkar has drawn the attention of the jury members to the paragraphs 7, 9 and 10 of the order of the Foreigners’ Tribunal, which clearly indicates that the opinion perhaps had not been made after going through the normal judicial procedure required for rendering any definitive judicial determination.

According to the judgement, the said paragraphs read as follows :

“ 7. The proceedee/ opposite party was not cross-examined at the time of my predecessor probably due to absence of Assistant Govt.Pleader. 9. My predecessor had heard the arguments of the proceedee/ opposite party and fixed on 19/04/2018 for opinion. 10. Though after assuming office, I was supposed to re-hear the reference in appropriate cases but to avoid multiplicity and time consumption, I proceed to render my opinion in this case on the basis of the available materials on record which however is treated as incomplete and the scope of re-hearing may be availed by this Tribunal as and when it felt necessary.”

Purkayastha said that the jury members expressed their concern on the aforesaid observations especially Para 10. Though the matter was heard by the earlier predecessor of the Tribunal member, but nothing is on record to indicate that the Tribunal had heard the parties again before rendering the opinion. The learned court expressed their shock and disbelief on how the Tribunal could render the opinion without hearing the parties again as the present Tribunal member is not aware of or having knowledge of the oral submissions given by the parties in the hearing held before his predecessor.

Purkayastha also highlighted that the learned high court observed that, “In any judicial proceeding, hearing the submission of the parties based on evidences on record can shape the counters of the evidence which would enable a party to clearly project his case. In the present case, this opportunity, unfortunately, was not made available to the parties before the Tribunal on the ground of avoiding multiplicity and saving time.” CRPC raises the question is this the way law functions ? After all submissions, the learned high court set aside the impunged dated 11/07/2018 and remand the matter to the Foreigners Tribunal, Baksa, Tamulpur, for re-hearing and rendering a fresh opinion after hearing the parties.

The leaders of CRPC Assam consider it to be an exemplary judgement and suggest the government to monitor the functioning of Foreigners Tribunal Courts and entrust the task of training the members of such courts under a panel of legal and constitutional experts of this country to enhance their working skills and techniques. The government should form an Association consisting of eminent people of the civic society to assist in assuring justice to the people whose identity is at stake. The government should take utmost care in appointing Tribunal members so that they do not belong to any political affiliations. Instead of dragging these cases year after year, the government should immediately constitute ‘Special Lok Adalats’ in all district head-quarters and sub-divisions, arrange ‘Lok Adalats Weeks’ to dispose off the long pending foreigners cases within a stipulated period of time.

The leaders of CRPC Assam observed that the courts are the last resort of justice for the common people. So the dignity of the courts should be preserved and upheld at any cost. The leaders appeal to the law fraternity to provide unbiased and impartial judgments so that common people are not suppressed, oppressed and deprived. When people face identity crisis, their nationality is questionable, then they knock the doors of law for justice. This basic concept should be the guiding principle of sensible and responsible citizens of this country.