Decision of foreigners tribunal’s may be quasi-judicial: Supreme Court

March 28: On Thursday, the Supreme Court of India reserved its order on the judgement whether a person who has been declared a foreigner by a foreigner tribunal has the right to appeal for exclusion or dropping of name from the National Register of Citizens (NRC). The question was being considered by a Bench comprising Chief Justice Ranjan Gogoi, Justice Deepak Gupta and Justice Sanjiv Khanna.

The bench headed by Chief Justice Ranjan Gogoi observed that absence of right to appeal was in violation of fundamental rights under the Constitution. Senior Counsel Kapil Sibal, appearing for the petitioners, asserted that if the name of a person included in the NRC is deleted on the ground that he was a foreigner or an illegal migrant, he would have a right of appeal or right to approach the appropriate forum, as the case may be, against the exclusion/dropping of his name from the NRC.

Mr. Sibal added that though the statute may not have provided a remedy of appeal against such exclusion, the remedy may be carved out by the Supreme Court in exercise of its jurisdiction under Article 142 of the Constitution of India. In response Solicitor general Tushar Mehta said the law and the proposition on the issue is fully settled and even Article 142 cannot supplant the provisions of foreigners tribunal.

The bench of the apex court observed that the decisions of the foreigners tribunal’s may be quasi judicial.. Persons declared foreigners by them can seek relief under Article 226 or file suits for declaration of Indian citizenship. Further, the bench told senior advocate Sanjay Hegde, who was arguing for some of the petitioners, “Persons declared foreigners by Foreigners’ Tribunals can seek relief under Article 226 or file suits for declaration of Indian citizenship. You cannot ask the Supreme Court to make an appellate forum for them. That’s the legislature’s job.”