The Guwahati High Court has issued a directive to the Chief Secretary of the Government of Assam to establish a Nodal Authority with inter-departmental jurisdiction. This includes coordination with the Election Commission and other departments of the Government of India. The purpose is to ensure that individuals declared as foreigners are required to report or be produced as specified by the court.

The court considered a writ petition filed by Kuddus Ali, challenging the 2017 judgment of the Foreigners' Tribunal in Assam's Barpeta district that declared him a foreigner. Justice Achintya Malla Bujor Barua and Justice Robin Phukan dismissed the petition, suggesting the Chief Secretary of the Government of Assam appoint a nodal authority with inter-departmental jurisdiction. This authority would coordinate actions with other departments to prevent declared foreigners from retaining unauthorized documents and revoke any associated posts, positions, or statuses.

The court judgment mandates the wide publicity of the appointment and locations of nodal authorities for declared foreigners. If individuals fail to cooperate or disappear, the court advises taking appropriate legal action, including immediate custody, to complete the required processes.

The court judgment stipulates that if declared foreigners are required to stay in Assam or India, modified Aadhaar or PAN cards may be issued for specific purposes, but without granting additional rights. The nodal authority, as appointed, will coordinate this process.

Additionally, the judgment outlines the rights and entitlements denied to declared foreigners staying in Assam or any part of India, specifying restricted rights. The petitioner, Kuddus Ali, declared a foreigner, must now follow the outlined procedure and report to the appointed Nodal Authority. The Chief Secretary of Assam is directed to promptly establish this authority with inter-departmental jurisdiction.

The court judgment specifies that the recognized rights to work, education, shelter, food, health, and education will only apply to declared foreigners who incorrectly claimed Indian citizenship. These provisions do not extend to individuals involved in subsequent migration within Assam or India, who would be subject to laws addressing illegal migrants, possibly leading to deportation.

The judgment notes that some declared foreigners have obtained passports, while others have acquired post the declaration. In such cases, the court mandates the voiding of passports for declared foreigners, requiring them to return and surrender the document. The nodal authority is tasked with implementing these measures. The writ petition is thereby concluded based on the stated terms.

Image source: Times of India