: Release woman first declared Indian, then ‘foreigner’ by tribunal in Assam, orders Gauhati HC #IndiaNEWS The Gauhati High Court has ordered that a woman first declared Indian, and less than five

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Release woman first declared Indian, then ‘foreigner’ by tribunal in Assam, orders Gauhati HC #IndiaNEWS
The Gauhati High Court has ordered that a woman first declared Indian, and less than five years later a “foreigner� by a tribunal, be released from detention in Assam. In 2016, a foreigners’ tribunal in Assam’s Darrang district had said that Hasina Bhanu was not a “foreigner/illegal migrant�. Foreigners’ tribunals are quasi-judicial bodies tasked with deciding on matters of disputed nationality.However, the Assam Police in 2017 again referred her case to the tribunal, suspecting her to be a Bangladeshi national, The Indian Express reported. After that, in March 2021, the tribunal declared that she was a foreigner. In October, she was sent to a detention camp in Tezpur. The woman then filed a petition before the Gauhati High Court, challenging the foreigners’ tribunals opinion. On Monday, the court set aside the order.The High Court cited a judgement of the Supreme Court which said that the principle of res judicata also applied to proceedings before foreigners tribunals. The principle states that a matter disposed of by a court is considered as adjudicated upon, unless it is challenged in a higher court. “We are unable to understand how the tribunal proceeded to examine the matter and made the aforesaid observation,� the High Court said in its order. The Gauhati High Court added: “[The]...Read more

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