Shivani Gadhavi –
Published On: December 16, 2021 at 15:00 IST
The Gauhati High Court issued an Order for the release of a woman who was first declared as an ‘Indian’ in 2016 and then as a ‘Foreigner’ in 2021 by the Foreigners’ Tribunal.
The Foreigner’s Tribunal-I in Mangaldai had declared Hasina Bhanu as an Indian by stating that she is not a “Foreigner/Illegal migrant of any stream”, in 2016. But in the year 2017, another Case was registered against her on recommendation of the Assam Border Police, who Suspected that she is the citizen of Bangladesh.
In March 2021, the same Foreigners’ Tribunal had declared her as a “Foreigner of the 25.03.1971” stream. After this declaration, she was Arrested by the Assam Police and was held Captive in a detention camp in Tezpur, Assam in October 2021.
Mrs. Bhanu’s brother-in-law stated, “We are feeling relieved. She was already declared Indian in 2016, but the same court put another bideshi (foreigner) Case on her in 2019…made us run around, spend a lot of money and harass us. We are thankful to the Gauhati High Court for Justice.”
Mrs. Bhanu filed her Petition through her Counsel Zakir Hussain, who mentioned it in the Petition that they had cited Res Judicata while referring to the case Abdus Kuddus of 2019, but the Foreigners’ Tribunal misinterpreted the citation and observed that its decision was binding.
Advocate Hussain noted in the argument, “An FT’s decision is binding only when it comes to the National Register of Citizens (NRC) process- in the sense that someone who is in the NRC, can later be declared a Foreigner by an FT. However, one FT’s decision is not binding when it comes to another FT’s decision.”
On December 13th, 2021 the High Court set aside the Foreigners’ Tribunal’s order while stating that the principle of Res Judicata is applicable even in a proceeding happening before a Foreigners’ Tribunal, while citing the case of Abdul Kuddus.