There is no second hearing after a person has been declared a citizen: Gauhati High Court

There is no second hearing after a person has been declared a citizen: Gauhati High Court

The Gauhati High Court’s Foreign Court Bench says that after the court declares someone Indian, if the same person is brought in before the second time, it cannot be declared non-Indian. Stated. This observation is very important in some states where a person declared Indian has been sent more than once a notice to prove his nationality.

During the proceedings of the nationality proceedings, the court stated that the court’s opinion on human citizenship served as “res judicata.” That is, the issue has already been decided and cannot be brought back to court.

Judges N Kotiswar Singh and Nani Tagia, who heard numerous petitions for citizenship earlier this week, said the principle of res judicata was “based on public policy” but “subsumed” under a comprehensive population. .. A policy to govern a sovereign state while dealing with illegal foreigners under relevant laws. According to them, this decision was made by the High Court in the 2018 Amina Cartoon case, but Bench admitted that it was “not a good law” given the Supreme Court’s decision in the Abdul Kudus case.

While claiming the case, the state claimed that under Article 3 of the Foreigners Act of 1946, the central government was empowered to find and deport foreigners.

The central government delegated this authority to police overseers while continuing to handle deportation.