New Delhi: The Supreme Court on 13 July 2026 set aside 27 judgments of the Gauhati High Court that had upheld Foreigners Tribunal decisions declaring the appellants as foreigners. The apex court ruled that questions of citizenship and foreigner status must be determined through a fair, lawful and reasonable process, emphasizing the constitutional importance of such cases.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta remanded all 27 cases to the respective Foreigners Tribunals for fresh adjudication. The court directed the tribunals to reconsider the matters independently, without being influenced by their earlier findings or those of the Gauhati High Court.
The Supreme Court observed that being declared a foreigner can have severe consequences, including detention, deportation, separation from family and the risk of statelessness. It stressed that while the government has a legitimate interest in identifying illegal immigrants, every individual must be given a proper opportunity to present evidence supporting their citizenship claim.
The ruling is expected to have a significant impact on citizenship-related cases in Assam by reinforcing procedural fairness in proceedings before the Foreigners Tribunals. Legal experts said the judgment strengthens due process while ensuring that citizenship disputes are decided on merit rather than technical deficiencies.
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