Guwahati: The Foreigners Tribunal Bench of the Gauhati High Court has said that once someone has been declared an Indian by the tribunal, the same person cannot be declared a non-Indian if he is brought before it for the second time. The court's observation is also significant in Assam as there have been several cases where notices were sent to those declared Indians to prove their nationality twice or more times.
During the hearing of a case related to nationality, the court said the tribunal's opinion regarding a person's citizenship would serve as a 'race judicial – meaning that the matter has already been settled and cannot be brought back to court. While hearing a batch of petitions related to citizenship earlier this week, a bench of Justices N Kotiswar Singh and Nani Taiga said that if a person has been declared an Indian citizen in earlier proceedings, he cannot be declared a foreign national in any subsequent proceeding, As in such cases the principle of judicial adjudication applies.
The court also said that the decision in the 2018 Amina Khatun case was taken by the high court, but the bench said it was "not a good law" in view of the apex court's verdict in Abdul kuddus' case.
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