NRC: Gauhati High Court pulls up foreigners tribunal in Morigaon, sets aside 57 orders
The High Court said that ‘in the ordinary course, this would have called for some action, disciplinary or otherwise’ against the former tribunal member.
The Gauhati High Court has pulled up a foreigners tribunal in Assam that will deliver the final judgement for those excluded from the National Register of Citizens, The Indian Express reported on Monday. The court indicted the functioning of the tribunals while setting aside 57 of its orders in Morigaon district.
In its September 19 order, the High Court said that “in the ordinary course, this would have called for some action, disciplinary or otherwise” against a former member of the tribunal for irregularities in the orders passed. “All the above 57 references shall now be heard afresh from the respective stages,” the court said. “The member of the tribunal shall list the above references in the notice board of the tribunal giving fresh dates. Fresh notice may also be issued to the proceedees.”
The final list of bonafide citizens was published on August 31, and excluded more than 19 lakh people. Foreigners tribunals are now reviewing their cases.
The court also said that the tribunal’s order would not be “acted upon by the Superintendent of Police (Border) Morigaon as well as by the Deputy Commissioner” as the orders would be considered as pending references. However, Morigaon Superintendent of Police Swapnaneel Deka said she had not received the High Court order yet.
During examination of 232 cases, the High Court detected lapses in 57 of them with the judgement not found in 11 cases and a mismatched copy of the judgment and order sheet in six, among other anomalies, according to The Sentinel.
The court also voiced its disappointment over the foreigners tribunal member’s conduct and said it was unexpected.
The High Court order came after a writ petition was filed via email by Mousumi Deka, a member of foreigner tribunal number four. The email said that 288 cases were disposed of by the former tribunal member but detailed and signed opinions were not available in the records.
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