The judicial presumption on non-citizenship (Complexities inherent in Assam NRC) The Hindu newspaper

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 The judicial presumption on non-citizenship (Complexities inherent in Assam NRC) The Hindu newspaper

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• Abdul Kuddus v. Union of India : A bunch of 15 petitions related to the Assam NRC was decided by the SC bench (headed by CJI Gogoi). The verdict has major implications, as the question involved was of an opinion given by a Foreigners' Tribunal (FT) on the issue of citizenship (or lack of it) of a person.
• Two parallel processes : In Assam, two processes are running in parallel, on citizenship matter.

1. The FT proceedings - these FTs were made by an executive order of Union govt.
2. The NRC - process being run by the Supreme Court directly.

• Both processes have bled into each other, causing huge confusion.
• What petitioners said :

1. "An opinion by the FT has only an executive order level sanctity." So, anything adverse on a person by an FT cannot strike his name off the NRC list.
2. FT proceedings can be revised as new materials come to light (many clerical errors have been exposed).
3. If FT decision was used to keep a person out of NRC, that can be challenged independently. So keep the two processes separate.

• What SC said : FT opinions are "quasi-judicial orders" and will be final and binding on NRC preparations. That is a wrong decision, impacting lakhs of people.
• Problematic FTs : The form and functioning of FTs is not like "courts" at all!

1. Established by a simple executive order (not any law)
2. Loose qualifications of FT members, and bureaucrats too included
3. FTs can refuse to examine witnesses, bound to accept police evidence, and not needed to give logic for decisions!

• Huge problem in working : More than 64000 people were declared non-citizens in ex parte proceedings of FTs. Many never got any notice even! There are reports that FT members are competing to be "the biggest wicket taker"! (who will declare maximum people foreigners)
• Highest standards needed : When a human life is being decided, we need the highest judicial standards to be followed. The SC has failed to protect most basic human rights in this case! It is in a hurry, and working as per a time limit.
• Origin of today's SC actions : Two judgments of mid-2000s known as Sarbananda Sonowal I and II are affecting everything. In those verdicts, with scant evidence, the SC called "immigration to be as bad as external aggression" upon India.
• The worst part : The SC then said that "the burden of proving citizenship will lie on the person accused of being a non-citizen". Later, a law that placed the burden on the state was struck down by the SC!
• Article 21 : The whole environment now is such that the basic promise of Article 21 has been rendered meaningless. It must be reconsidered completely.
• Summary : The working of the Foreigners' Tribunals (FTs) in Assam and its intermixing with the NRC is creating a human tragedy of epic proportions, with no judicial remedy available at all.

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