Guwahati HC Directs Establishment of Nodal Authority for Declared Foreigners

The Guwahati High Court issued directions to the Chief Secretary to the Government of Assam to establish a Nodal Authority with inter-departmental jurisdiction, including collaboration with the Election Commission and other Departments of the Government of India, for individuals declared as foreigners to report to or be presented before.

The court addressed a writ petition filed by Kuddus Ali challenging the 2017 judgement of the Foreigners’ Tribunal in Assam’s Barpeta district, declaring him a foreigner.

Justices Achintya Malla Bujor Barua and Robin Phukan, while dismissing the petition, suggested that the Chief Secretary appoint a nodal authority with inter-departmental jurisdiction to coordinate with various departments for preventing declared foreigners from retaining unauthorized documents and removing them from positions or statuses they are no longer entitled to.

The court emphasized the need for wide publicity regarding the appointment and location of nodal authorities to facilitate the process for declared foreigners.

The court stressed that if declared foreigners fail to cooperate or disappear, appropriate legal actions, including custody, should be promptly taken to complete the necessary procedures.

Regarding identity documents, the judgement mentioned that modified Aadhaar or PAN cards may be issued to declared foreigners for specific purposes, but these should not confer any additional rights beyond those recognized by law.

The judgement clarified that the rights and entitlements available to declared foreigners in the State of Assam or the territory of India are limited, and the writ petitioner, Kuddus Ali, must comply with the indicated procedures by reporting to the designated Nodal Authority.

The Chief Secretary was directed to promptly constitute the Nodal Authority, ensuring inter-departmental coordination.

The court specified that the rights enumerated in the order, such as the right to work, education, shelter, food, health, and education, apply only to declared foreigners who incorrectly claimed Indian citizenship and not to those involved in subsequent migration.

Further migration may subject individuals to laws dealing with illegal migrants, possibly leading to deportation.

The judgement highlighted that passports issued to declared foreigners would be void, and there is a requirement for them to return and surrender their passports.

The nodal authority was tasked with implementing this provision. The writ petition was disposed of in accordance with the outlined terms.