Assam: rights’ body questions functioning of fts after gauhati hc set asides order declaring man foreigner

Assam: rights’ body questions functioning of fts after gauhati hc set asides order declaring man foreigner

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Citizens’ Rights Preservation Committee (CRPC) has questioned the functioning of Foreigners’ Tribunals (FT) in Assam after the Gauhati High Court set aside an order of the Tamulpur FT,


declaring a man named Ranjit Sarkar as foreigner and ordering a fresh trial.  “Citizens’ Rights Preservation Committee (CRPC) Assam has expressed its deep concern on the judgement of Gauhati


 High Court in the Case No. WP(C)/5348/2019, dated 12/08/2021, with regard to the Foreigners Tribunal case of Tamulpur, Baksa, against Sri Ranjit Sarkar who was declared a foreigner without


proper judicial procedure,” a statement from CRPC read.  Ready for a challenge? Click here to take our quiz and show off your knowledge! President of CRPC – Nripendra Chandra Saha and


general secretary – Bidhayak Das Purkayastha have said that the judgement of the Gauhati High Court has opened many “pandora boxes” about the functioning procedures of the Foreigners


Tribunals in Assam.  Bidhayak Das Purkayastha stated that the “learned counsel of Sri Ranjit Sarkar has drawn the attention of the jury members to the paragraphs 7, 9 and 10 of the order of


the Foreigners Tribunal, which clearly indicate that the opinion perhaps had not been made after going through the normal judicial procedure required for rendering any definitive judicial


determination”.  ALSO READ: ASSAM CONGRESS DEMANDS EXEMPLARY PUNISHMENT FOR NANDITA SAIKIA’S MURDERER  Ready for a challenge? Click here to take our quiz and show off your knowledge!


ACCORDING TO THE JUDGEMENT OF THE TAMULPUR FT, THE SAID PARAGRAPHS READ AS FOLLOWS:   “7. The proceedee/opposite party was not cross-examined at the time of my predecessor probably due to


absence of Assistant Govt.Pleader.   * My predecessor had heard the arguments of theproceedee/opposite party and fixed on 19/04/2018 for opinion.  * Though after assuming office, I was


supposed to re-hear the reference in appropriate cases but to avoid multiplicity and time consumption, I proceed to render my opinion in this case on the basis of the available materials on


record which however is treated as incomplete and the scope of re-hearing may be availed by this Tribunal as and when it felt necessary.” CRPC general secretary Bidhayak Das Purkayastha said


that Gauhati High Court expressed shock at the observation of the Tamulpur Foreigners’ Tribunal, “especially Para 10”.  ALSO READ: TENSION ESCALATES ALONG ASSAM-MEGHALAYA BORDER, POLICE


PERSONNEL OF BOTH STATES ‘CLASH‘ “The learned court expressed their shock and disbelief on how the Tribunal could render the opinion without hearing the parties again as the present Tribunal


member is not aware of or having knowledge of the oral submissions given by the parties in the hearing held before his predecessor,” said the statement from CRPC.  Purkayastha also said 


that the Gauhati High Court observed: “In any judicial proceeding, hearing the submission of the parties based on evidences on record can shape the counters of the evidence which would


enable a party to clearly project his case. In the present case, this opportunity, unfortunately, was not made available to the parties before the Tribunal on the ground of avoiding


multiplicity and saving time.”  “After all submissions the learned high court set aside the impugned dated 11/07/2018 and remand the matter to the Foreigners Tribunal, Baksa, Tamulpur, for


re-hearing and rendering a fresh opinion after hearing the parties,” the CRPC added.  ALSO READ: ASSAM: ANOTHER JILTED LOVER STABS WOMAN ON GUWAHATI OUTSKIRTS, ARRESTED  Following the 


Gauhati High Court’s ruling, the CRPC said that the government should “monitor the functioning of Foreigners Tribunal Courts” and entrust the task of training the members of such courts


under a panel of legal and constitutional experts of this country to “enhance their working skills and techniques”.  The rights body also said that the government should form an association


consisting of eminent people of the civic society to “assist in assuring justice to the people whose identity is at stake”.  “The government should take utmost care in appointing Tribunal


members so that they do not belong to any political affiliations,” the CRPC said.  The rights’ body further said that the government should “immediately constitute ‘Special Lok Adalats’ in


all district head-quarters and sub-divisions, arrange ‘Lok Adalats Weeks’ to dispose long pending foreigners’ cases within a stipulated period of time”.  ALSO READ: ‘TRIGGER HAPPY’ ASSAM


POLICE FOLLOWS SAME MODUS OPERANDI, INJURES TWO MORE ARRESTED ACCUSED IN FIRING  The CRPC appealed the “law fraternity to provide unbiased and impartial judgements so that common people are


not suppressed, oppressed and deprived”.   “When people face identity crisis, their nationality is questionable, then they knock the doors of law for justice. This basic concept should be


the guiding principle of sensible and responsible citizens of this country,” the CRPC said.